Back / lumbar spine decisions — 2024

The Veteran's claims for increased ratings and service connection for various hip disabilities, leg pain, knee disabilities, and lumbosacral strain with degenerative disc disease have been denied. The Board found no evidence of current hip or leg disabilities at the time of the appeal.

The Board has granted service connection for a back disability as secondary to the Veteran's service-connected left knee disability, finding that the current back disability is due to or aggravated by the left knee disability.

The Veteran's thoracolumbar scoliosis and lumbar degenerative disc disease, facet arthropathy, and foraminal stenosis are currently rated at 20 percent disabling. The Board has remanded the case for further development.

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent disabling, effective June 26, 2019. The appeal for a higher rating has been denied.

The Veteran's claims for increased ratings and earlier effective dates were denied. The decision does not specify the exact reasons for denial, but it is clear that the Veteran did not meet the criteria for higher ratings or earlier effective dates.

The Board has determined that the Veteran does not meet the criteria for service connection for erectile dysfunction due to a lack of current disability diagnosis.,For his low back disability, the Board finds that he is entitled to a 10 percent rating based on Diagnostic Code 5242.

The Board has denied the Veteran's claims for service connection for a right knee disability, low back disability, and gastrointestinal disability (GERD) as secondary to his right knee and back disabilities. The Board found that there is no nexus between the current disabilities and active service.

The Veteran's service-connected psychiatric disorder and back condition with associated radiculopathy prevented him from obtaining or maintaining substantially gainful employment from May 26, 2021, through August 22, 2022. The Board granted TDIU for this period.

The Board has determined that the Veteran's back disability is etiologically related to his active service, and therefore grants entitlement to service connection for a back disability.

The Board denied the Veteran's claims for service connection for a back disability and anxiety disorder on secondary basis, finding that there was no legal merit to his claims due to lack of service connection for the primary condition.

The Veteran's claim for service connection for lumbar spine arthritis is granted. The Board finds that the evidence supports a finding of in-service injury and continuity of symptomatology, granting service connection. For the neck disability issue, the case is remanded as there was no VA examination conducted.

The Board has determined that the AOJ's decisions denying service connection for low back pain and neck pain were not based on a thorough review of the evidence, particularly in light of the Veteran's Persian Gulf veteran status. The Board is therefore remanding both claims to allow for new examinations and opinions under the PACT Act.

The Board has granted service connection for tinnitus and has remanded the claims of lower back condition, left wrist condition, and mental health condition (post-traumatic stress disorder).

The Board has denied the Veteran's claims for service connection for left ankle, low back, left knee, and right knee disabilities due to a lack of evidence showing these conditions began during or are otherwise related to his military service.

The Board denied the Veteran's claim for service connection for a back disorder, finding that there was no evidence showing the condition manifested in service or is otherwise related to her military service.

The Board has determined that the Veteran's lumbosacral spine disability is related to his military service and has granted service connection for this condition.

The Board has found that there is a pre-decisional duty to assist error due to the inadequacy of the June 2023 VA examination. The Veteran's low back disability was rated under Diagnostic Code 5242, which does not contemplate the ameliorative effects of medication.

An initial 40 percent rating for thoracolumbar strain with degenerative joint disease is granted from December 20, 2005 to June 26, 2015.,A higher initial rating in excess of 40 percent for thoracolumbar strain with degenerative joint disease is denied prior to and from June 26, 2015 onwards.,An initial 10 percent rating for right lower extremity radiculopathy is granted from December 20, 2005 to January 6, 2017.,A higher initial rating in excess of 10 percent for right lower extremity radiculopathy is denied prior to and from January 6, 2017 onwards.

The Veteran's service-connected disabilities, including above the right knee amputation and diabetic peripheral neuropathies of both lower extremities, render him in need of regular aid and attendance due to his inability to perform daily activities without assistance. The Board has granted SMC at the R-1 rate.

The Board has denied service connection for cervical and lumbar spine disabilities, finding that the current conditions are not related to service or any presumptive exposure.