Back / lumbar spine decisions — 2024

The Board has granted service connection for a low back disability and secondary service connection for bilateral lower extremity radiculopathy as related to the now service-connected low back disability.,The claim of readjudication for service connection for bilateral pes planus is also granted.

The Board denied service connection for a lower back disability, bilateral hearing loss (left ear), and tinnitus. The Veteran's lower back condition was found to have existed prior to his military service and not aggravated by it.,For the left ear, there is no evidence of current hearing loss meeting VA criteria.

The Board granted service connection for a cervicothoracic spine disability, including degenerative disc disease and arthritis, finding that the Veteran's current disabilities were due to an injury incurred during his period of INACDUTRA in October 1991. The appeal was remanded for other issues.

The Veteran's TDIU claim is denied because she does not meet the schedular criteria for a TDIU based on a single service-connected disability, as her right hip disability alone does not qualify. The Board found that multiple of her service-connected disabilities contribute to her difficulty in maintaining substantially gainful employment.

The Board has remanded the Veteran's claims for service connection for PTSD and low back disability due to new evidence indicating that the VA examination did not consider all relevant lay statements, including those from the Veteran. The claims are now pending again with instructions to obtain updated treatment records and schedule a VA examination.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain is being remanded due to the need for a new VA examination and the possible existence of outstanding VA and private treatment records.

The Board has remanded the case due to inadequate examinations and developmental errors, including a failure to order further testing or explain why such testing was not completed.

The Board has remanded the cases due to insufficient evidence regarding service connection for a back disorder and an acquired psychiatric disorder. The claims are being returned for further development.

The Board has granted the Veteran's claims for service connection for lumbar spine disability, right hip disability, right foot disability, and left lower extremity radiculopathy as secondary to his service-connected lumbar spine disability.

The Veteran's claim for tinnitus was denied as there is no current diagnosis. The claim for increased rating in excess of 20 percent for diabetes mellitus with erectile dysfunction and the separate rating for bilateral lower extremity peripheral neuropathy of the femoral nerve due to diabetes mellitus were both denied. A staged rating of 40% for bilateral lower extremity peripheral neuropathy of the sciatic nerve from May 26, 2012 was granted. The claim for increased rating in excess of 70 percent for PTSD was also denied.

The Veteran's claim for a higher rating for her back disability from April 23, 2014, is denied. The most probative evidence does not show that the Veteran's back disability meets or approximates the criteria for a higher rating.

The Board has remanded the claims for further development due to outstanding VA treatment records and a need for additional examinations. The issues include increased ratings for lumbar spine disability, migraine headache disability, and TDIU prior to September 30, 2023.

The Board has granted service connection for lumbosacral and left hip osteoarthritis (OA) as caused or aggravated by service-connected bilateral knee OA.

The Board has remanded the claims of entitlement to service connection for fibromyalgia, lower back disability, and bilateral lower extremity radiculopathy due to their inextricable interrelation with the pending claim of service connection for fibromyalgia. The issues are being deferred until the fibromyalgia issue is resolved.

The Board denied service connection for headaches, blurry vision, vertigo, low back disability, and left lower extremity radiculopathy as there was no evidence linking these conditions to the Veteran's military service or any exposure to hazardous chemicals.

The Veteran's thoracolumbar spine disability is rated at 40 percent, which does not meet the criteria for a higher rating.,The Veteran's right ankle disability is currently rated at 10 percent and does not meet the criteria for a higher rating.,The Veteran's TBI with psychiatric disability is rated at 70 percent, meeting the criteria for this rating.,The Veteran's left lower extremity radiculopathy is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's right lower extremity radiculopathy is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's headaches are currently rated at 30 percent and do not meet the criteria for a higher rating.

The Board has decided to remand the Veteran's claim for a lumbar disability as there was an error in obtaining a proper medical opinion regarding whether her service-connected insomnia caused or aggravated her lumbar disability.

The Board has remanded the Veteran's claims for service connection due to pre-decisional duty to assist errors in not obtaining opinions on whether his current disabilities are related to his service-connected right knee disability, and for a comprehensive mental health examination.

The Veteran's thoracolumbar post-traumatic arthritis is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.,The Veteran's TMJ is currently rated at 10 percent without dietary restrictions to soft or semi-solid foods. The Board found no basis for an increased rating.

The Veteran's service-connected disabilities, including PTSD, degenerative disc disease with spinal stenosis, right and left lower extremity radiculopathy, tinnitus, and erectile dysfunction, prevent him from securing or maintaining substantially gainful employment. The Board has granted his claim for individual unemployability (TDIU).