Back / lumbar spine decisions — 2024

The Board denied an effective date prior to July 30, 2020 for the grant of service connection for erectile dysfunction as secondary to service-connected degenerative joint disease of the lumbosacral spine with bilateral neuroforaminal stenosis and SMC based on loss of use of a creative organ.

The Board denied the Veteran's request for an earlier effective date of January 18, 2021, for a 20 percent evaluation for his low back condition. The persuasive weight of the evidence supports that the criteria for this rating were not factually ascertainable until January 18, 2021.

The Veteran's claim for service connection for a thoracolumbar spine condition, claimed as lumbar strain, is being remanded due to the need for a VA examination and medical opinion regarding the etiology of his back disability.

The Board has denied the veteran's claims for service connection for low back disorder, right knee disorder, and left knee disorder due to a lack of evidence linking these conditions to his military service.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. The Board finds that the evidence does not meet the criteria for a rating higher than 40 percent due to lack of unfavorable ankylosis.,The VA examination report regarding bilateral lower extremity radiculopathy was inadequate and must be remanded to obtain a new evaluation.

The Board has remanded the issues of service connection for a thoracolumbar spine disorder, obstructive sleep apnea, and PTSD due to conflicting medical opinions and outstanding treatment records.

For the entire period on appeal, the Veteran's lumbosacral strain disability has not met the criteria for a higher initial rating.,For the entire period on appeal, the Veteran's left knee strain disability has not met the criteria for a higher initial rating. However, a separate 10 percent evaluation is granted for left knee instability.

The Board has denied the Veteran's claims for service connection for right knee, left knee, neck, and lower back conditions due to a lack of evidence showing these conditions were incurred during active service or are otherwise related to active service.

The Veteran's service-connected scars on both right of midline and left of midline of the right hip were granted a 10 percent disability rating. The issue of increased evaluation for degenerative changes and disc disease of the thoracolumbar spine with left hip pain is remanded.

The Board has decided to remand the claim of service connection for a lumbar spine disability due to an error in duty to assist.

The Board has determined that the Veteran's lower back condition, diagnosed as lumbosacral intervertebral disc syndrome with degenerative arthritis of the spine, began during his active duty service and is therefore granted service connection.

The Veteran's lumbosacral strain with degenerative disc disease is currently rated at 40 percent, and the appeal for a higher initial rating or an earlier effective date remains denied.

The Veteran's service-connected conditions, including a back disability, left ankle disabilities, right ankle disabilities, chronic headaches, bilateral lower extremity radiculopathy, and IBS are all granted. A 70 percent rating is assigned for PTSD.

The Veteran's appeal for increased disability ratings for lumbar spine, right knee cruciate ligament reconstruction, and right knee osteoarthritis has been dismissed due to the Veteran's death during the pendency of the appeal.

The Veteran's back disability, including nerve damage, is being remanded for a medical opinion to determine if it was caused by VA treatment in November 2020.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine, gastroesophageal reflux disease (GERD), and obstructive sleep apnea are being remanded due to pre-decisional errors in fulfilling VA's duty to assist.

The Board has decided to remand the Veteran's claims for earlier effective dates for increased disability ratings for her neck and low back disabilities. The RO must obtain retrospective opinions discussing the severity of her disabilities prior to November 2020.

The Board has granted service connection for tinnitus, bilateral hearing loss, and bilateral foot fungus. Service connection is also granted for degenerative arthritis of the lumbar spine, left ankle enthesopathy, right ankle enthesopathy with LCL sprain, osteoarthritis of the left knee, and osteoarthritis of the right knee.,The Board has remanded service connection for a left hip condition, right hip condition, and right shoulder rotator cuff condition.

The Board has remanded the claims for service connection for a lumbar spine disorder, right ankle disorder, and left ankle disorder due to insufficient evidence in the August 2020 VA examination reports. The Veteran's complaints of pain have been considered, but further medical opinions are needed to determine if her current conditions are related to her service-connected disabilities or service.

The Veteran's claims for lumbar spondylosis and DDD, bilateral pes planus, gout, right knee degenerative arthritis and gout, left knee degenerative arthritis and gout, right great toe degenerative arthritis and gout, and left great toe degenerative arthritis were granted effective from May 7, 2010. The Board found no legal basis to award an earlier effective date for any of these grants.,The Veteran's claims for service connection for a lumbar spine disability, bilateral foot disability, knee disability, or great toe disability prior to May 7, 2010 were not pending and thus denied.