Back / lumbar spine decisions — 2024

The Veteran's lumbar strain with degenerative joint disease of the lumbar spine is rated at 20 percent, but not higher.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated at 40 percent.,The Veteran's right lower extremity femoral nerve radiculopathy is rated at 30 percent.

The Board has remanded the case due to duty-to-assist errors and requests an addendum medical opinion regarding the etiology of the Veteran's obstructive sleep apnea, including whether it is at least as likely as not caused or aggravated by his service-connected disabilities.

The Veteran's appeals for service connection for bilateral lumbosacral disorder, anxiety, and depression have been dismissed due to the identical nature of the requests submitted on multiple occasions.

The Board has remanded the case due to missing service treatment records and a lack of VA examination. The Veteran's lay statements regarding his back pain during basic training are considered credible, but further attempts must be made to locate STRs and obtain an opinion on the etiology of his current back disability.

The Veteran's back condition is granted as service connected due to continuity of symptoms since military service.

The Veteran's major depression, recurrent moderately severe (previously rated as adjustment disorder with depressed mood), is granted a 70 percent disability rating for the period prior to January 17, 2020. For the period beginning from January 17, 2020, his major depression is granted a 100 percent disability rating.

The Board has granted service connection for tinnitus and remanded the remaining claims due to inadequate VA examinations and missing private treatment records.

The Veteran's service connection claims for left and right hip osteoarthritis, as well as a right knee disorder post total replacement and degenerative disc disease are granted. The claim for left knee osteoarthritis is remanded.

The Board has decided to remand the Veteran's claim for service connection of a lower back disability due to new evidence received from the service department records. The VA examiner's opinion was inadequate, and a new examination is needed.

The Board has remanded the Veteran's claims for lumbosacral strain and tinnitus due to insufficient evidence in the record regarding the onset of his symptoms. The Veteran is seeking service connection for both conditions, but the Board found that there was not enough evidence to support a finding of nexus between his current disabilities and his military service.

The Veteran was granted a TDIU from January 1, 2011 to December 31, 2013 due to service-connected disabilities. The effective date for Dependents' Educational Assistance (DEA) benefits prior to February 1, 2015 is denied as the Veteran does not have a total disability rating during that period.

The Board has decided to remand the claims for further development due to the need to obtain private medical records from Dr. H. and Dr. B.K.

Service connection for left shoulder calcific tendonitis is granted. Effective November 21, 2017, the Veteran receives a 100 percent disability rating for PTSD and service connection for lumbosacral strain, left hip impairment (status post arthroscopic surgery), left hip limitation of flexion, and scars of the right hip are also granted.

The Board has granted the Veteran's claims for service connection for a left knee disability and a back disability, both secondary to his service-connected right knee disability.

The Veteran's service-connected disabilities, including PTSD and back arthritis, have rendered her unable to maintain substantially gainful employment due to their impact on her ability to work as a behavioral and mental health therapist.

The Veteran's service-connected disabilities, including PTSD and back arthritis, have rendered her unable to maintain substantially gainful employment due to their impact on her ability to work as a behavioral and mental health therapist.

The Veteran's service-connected conditions do not prevent him from securing or following a substantially gainful occupation, thus TDIU is denied.

The Veteran's claims for increased ratings were denied as his postoperative residuals of herniated nucleus pulpous lumbosacral spine, residual scars to the lumbar region, and residual scars with some sensory changes, from the posterior right sacroiliac, bone graft site do not meet the criteria for a higher rating.,The Veteran's claim for entitlement to TDIU was remanded as it is related to his increased ratings claims.

The Board has granted service connection for lumbar and cervical spine disabilities. However, the right shoulder and right knee disability claims are remanded due to a duty-to-assist error.

The Board has determined that the VA examination provided for the low back disability claim was inadequate and remanded to provide a new one with an opinion based on full consideration of the Veteran's service history.