Back / lumbar spine decisions — 2024

The Board has determined that the Veteran's lumbosacral strain with degenerative arthritis and spondylolisthesis is service-connected, as it is linked to an in-service vehicular accident.

The Board has determined that the claims of entitlement to service connection for bilateral hearing loss, a left hand disorder, a right hand disorder, a low back disorder, a left knee disorder, and a right knee disorder, as well as migraine headaches, must be remanded due to pre-decisional duty to assist errors. The Veteran's specific disability pictures will need to be evaluated by VA examiners.

The Veteran's initial rating for a back disability is granted at 20 percent, and service connection is granted for right ankle and cervical spine disabilities. The claim for TDIU prior to January 4, 2013, is remanded.

The Board has denied the Veteran's claims for service connection for left hand sprain and lumbosacral strain, finding that there is no evidence of a nexus between these conditions and his military service.

The Board has granted service connection for the Veteran's lower back disability, finding that it was aggravated by his active-duty service.

The Board has granted service connection for degenerative joint disease lumbar spine and left lower extremity radiculopathy, finding that the Veteran's current conditions are at least as likely as not related to his military service.

The Board has denied service connection for degenerative arthritis and degenerative disc disease of the cervical spine, finding that there is no evidence to support a direct link between these conditions and service. The Veteran's statements regarding his symptoms are not considered competent medical evidence.

The Veteran's TDIU claim is granted with an effective date of April 12, 2021. The Board finds that the combined effects of his service-connected right knee disability and PTSD with MDD prevent him from securing or following a substantially gainful occupation.

The Board has determined that there was a duty to assist error regarding the Veteran's low back condition, and thus remands the case for further action.

The Veteran's appeal for SMC at the intermediate rate was granted, with two half-steps awarded due to service-connected depressive disorder and obstructive sleep apnea. The Veteran is already entitled to a full step (SMC-L) based on his need for aid and attendance.

The Board has remanded the claims for service connection due to insufficient evidence of a nexus between the Veteran's current conditions and his military service. The Veteran is asked to undergo VA examinations to determine if he has left knee, lumbar spine, or lower extremity disorders, and whether these conditions are related to his service.

The appeal seeking agent fees based on past-due benefits awarded in a February 2021 rating decision is dismissed because the matter was not ripe for appeal.

The Board has denied service connection for tension headaches and has remanded the issue of service connection for a lumbar spine disorder.

The Veteran's service-connected disabilities result in a loss of use of both lower extremities, qualifying her for specially adapted housing.

The Veteran's depressive disorder with anxiety disorder resulted in occupational and social impairment, but did not meet the criteria for a higher rating.,The Veteran's thoracolumbar strain was rated at 10 percent disabling.

The Veteran's claim for service connection for lumbosacral strain was granted with an effective date of January 2, 2014. The decision is based on newly received service department records from the Veteran's in-service treatment in August 2009.

The Veteran's low back disability is rated at 40 percent effective January 29, 2009. The rating will be reduced to 10 percent prior to May 29, 2018 and increased to 40 percent thereafter.

The Board has determined that service connection is not warranted for bilateral pes planus, but has granted service connection for a right hip disability and a back condition.,Service connection for the right hip disability and back condition are granted as both conditions were incurred during active duty.

The Board has determined that the Veteran's right ear hearing loss did not meet the criteria for service connection as it was not shown during active service or at any time thereafter.,The Board has also determined that the Veteran's recurrent lumbosacral spine disability, including degenerative disc disease and spondylosis, did not meet the criteria for service connection as there is no evidence of such disability in service or for many years thereafter.

The Veteran's lumbar spine and cervical spine disabilities, as well as their associated radiculopathy conditions, have been granted initial ratings of 40 percent each. The GERD and IBS condition has also received an initial rating of 30 percent.