Back / lumbar spine decisions — 2024

The Veteran withdrew his appeals for a disability rating in excess of 10 percent for degenerative disc disease of the lumbar spine and bilateral pes cavus with plantar fasciitis.

The Board has granted service connection for right shoulder degenerative arthritis, left ankle strain, cervical strain, and lumbosacral strain as these conditions have been continuously present since the Veteran's military service.

The Veteran's claim for increased ratings for lumbar spine degenerative joint disease is being remanded due to missing medical records and inadequate VA examinations.

The Veteran's mental health condition and headaches were rated at 30 percent from December 14, 2020 to May 4, 2021. The Veteran is denied a rating in excess of 30 percent for these conditions.,The Veteran's low back condition was rated at 10 percent effective April 23, 2021 and the Veteran is not entitled to an earlier effective date.

The Board has determined that the Veteran's current lumbar spine disability is related to an in-service injury, and thus service connection for this condition is granted.

The Board has restored a 40 percent rating for the Veteran's degenerative disc disease lumbar spine with intervertebral disc syndrome from October 1, 2021 to August 8, 2022. The evidence does not show an improvement in the disability that would warrant reducing the rating.

The Veteran's claims for earlier effective dates and increased ratings have been dismissed due to the Veteran's withdrawal of these claims.

The Veteran's claim for an effective date earlier than March 12, 2020 for the award of a total disability rating based on individual unemployability (TDIU) was denied. The Board found that no portion of the increase in his service-connected disabilities occurred within one year prior to the date of his claim.

The Board has remanded the claims for cervical radiculopathy, back condition (claimed as lumbago), and left elbow lateral epicondylitis due to a duty to assist error. The Veteran's reported pain during service and thereafter is considered in determining whether these conditions are related to service.

The Veteran's appeals for increased ratings for degenerative disc disease of the cervical and lumbar spine have been withdrawn, resulting in their dismissal.

The Board has remanded the Veteran's claims for service connection for a back disability, bilateral elbow condition, and bilateral hip condition due to duty-to-assist errors. The Veteran is seeking service connection for these conditions based on in-service injuries and symptoms.

The Board has granted the claim of service connection for bilateral tinnitus. The claims of service connection for lumbar spine condition, bilateral foot condition, and residuals of a right eye injury are remanded due to incomplete records.

The Veteran's lumbosacral strain disability is currently rated as 10 percent disabling. The Board has remanded the issue of entitlement to a higher rating for this condition.

The Veteran's appeals for service connection for a bilateral lumbosacral disorder and anxiety/depression were dismissed as the Veteran did not file a Notice of Disagreement within one year of the August 8, 2019 decision.

The Veteran's claims for service connection for right wrist strain and tinnitus were granted with effective dates of August 5, 2019. The claim for service connection for low back disability was remanded due to duty-to-assist errors.

The Board found clear and unmistakable error in the original grant of service connection for a back disability, as the December 2018 examiner's negative opinion was mistakenly read as positive. The appeal is denied.

The Veteran's claim for service connection for tinnitus has been granted.,The Veteran's claim for readjudication of his service connection for a low back condition is remanded due to the need to verify periods of active duty and inactive duty training.

The Board has determined that the Veteran's back condition is at least partially etiologically related to service and grants service connection for this disability.

The Veteran's appeal is remanded due to duty-to-assist errors, and he needs new examinations for his service-connected right foot and peripheral nerve disabilities as well as his right knee and hip disabilities.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for spinal stenosis of the lumbar spine was denied, and his claims for service connection for cervical spine degenerative joint disease (neck disability), left elbow laceration, and bilateral hearing loss were remanded.