Back / lumbar spine decisions — 2024

The Veteran's service-connected lumbar strain and degenerative disc disease were reduced to a 10 percent evaluation, but the Board has restored the original 40 percent rating due to evidence of actual improvement in his condition.

The Veteran's appeal is remanded due to insufficient evidence regarding the service connection for left knee condition, right knee condition, and low back condition. The Board will seek additional opinions to determine if these conditions are related to his military service.

The Board denied service connection for degenerative disc disease of the lumbar spine, finding that it was not incurred in or caused by active service.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, a left ankle disability, and an initial rating greater than 20 percent for intervertebral disc syndrome of the lumbar spine. The Board found that there was no evidence supporting these claims.

The appeal for service connection of back injury has been withdrawn by the appellant, and thus is dismissed.

The Board found that the withholding of VA disability compensation benefits for 36 days of drill pay in FY 2020 was proper and denied the Veteran's appeal.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is denied because it was part and parcel of his service connection claim for a low back disorder, which was raised in June 2020. The earliest effective date for the TDIU is therefore June 12, 2020.

The Veteran's service-connected lumbar spine disability and associated radiculopathies are currently rated at 10 percent each, with no higher ratings granted. The Board found the evidence insufficient to warrant a higher rating based on functional loss or impairment due to pain.

The Veteran's bilateral flatfoot with plantar fasciitis was granted a rating of 10% effective June 30, 2020.,The Veteran's mood disorder with depressive features was granted a rating of 30% effective January 18, 2021.

The Board has determined that the Veteran's claims for left knee, right knee, and lower back disabilities are remanded due to a duty-to-assist error. The VA examinations provided were inadequate for adjudication.

The Board has remanded the claims for service connection for a back disability and a left knee disability due to duty-to-assist errors. The Veteran's conditions are related to his service-connected right knee and left ankle disabilities, but further medical opinions are needed to address causation and aggravation.

The Board has remanded the claims for low back disability, right knee disability, left knee disability, right foot disability, and left foot disability due to incomplete medical records and a need for further examination.

The Board has remanded the case due to insufficient information regarding the severity of the Veteran's low back disability during flare-ups. The Veteran is also pending an earlier effective date for TDIU and DEA benefits.

The Board has found that there are outstanding VA treatment records and pre-decisional duty to assist errors regarding the Veteran's tinnitus claim. The claims for service connection for COPD, OSA, PTSD, anxiety, depression, and a low back condition are remanded due to the need for additional development.

The Board has remanded the cases for further development to determine if the Veteran was in a period of Active Duty Training (ACDUTRA) or Inactive Duty Training (INACDUTRA) during motor vehicle accidents that likely caused their low back and right shoulder disabilities.

The Board has remanded the Veteran's claims for service connection for a back disability and left eye disability due to conflicting medical opinions. The evidence does not establish a direct link between the claimed conditions and service.

The Veteran's service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment during the period on appeal.

The Veteran's low back disability is rated at 20 percent, and his hip and thigh disabilities are rated at noncompensable. The Board finds no basis to grant higher ratings for any of these conditions.

The Board has denied the Veteran's claims for service connection for avascular necrosis, left femoral head, feet pain, eye problems, neck disability, insomnia, right knee disability, left knee disability, and right hip disability as there is no evidence of these conditions during active duty or within a year of discharge. The Veteran did not provide sufficient evidence to establish that any of the claimed disabilities were incurred in service.

The Board has granted service connection for a right knee disability and a lumbar spine disability, finding that these conditions are etiologically related to active service.