Back / lumbar spine decisions — 2024

The Board has remanded the claims for entitlement to service connection for a right shoulder condition, lower (lumbar spine) back pain/condition, left knee condition, and right knee condition.,The Veteran's current diagnoses of hypertension, right inguinal hernia and residuals, lower (lumbar spine) back pain/condition, left knee condition, and right knee condition do not have a direct relationship to his active service.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions in her prior claim. The claims are being returned for further development and consideration.

The Board has remanded the Veteran's claims for an earlier effective date for service connection, increased ratings, and TDIU due to incomplete or inadequate VA examinations. The Veteran's back disability is inextricably intertwined with his bilateral lower extremity neuropathies.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional evidence. The Board found that there is no evidence of forward flexion of the thoracolumbar spine to 30 degrees or less, or unfavorable ankylosis (or the functional equivalent of ankylosis) of the entire thoracolumbar spine.

The Board has granted service connection for left chondromalacia of the patella (left knee disability) and chronic mechanical spine syndrome (low back disability). The appeal is remanded for further consideration of a total disability rating based on individual unemployability.

The Veteran's initial ratings for cervical spine degenerative disc disease, left knee degenerative arthritis, and right knee degenerative arthritis were denied. The Board also found that the Veteran did not meet criteria for a separate rating for right upper extremity radiculopathy due to inadequate examination findings.

The Veteran was diagnosed with arthritis of the thoracolumbar spine during and within one year of his discharge from service. The Board found that the March 2008 rating decision incorrectly applied the law, leading to a denial of service connection for this condition. As a result, the CUE motion is granted.

The Veteran's claim for increased ratings for his lumbar spine disability is granted. Prior to June 6, 2008, he was awarded a 20 percent rating; thereafter, a 40 percent rating.

The Veteran's service connection for obstructive sleep apnea as secondary to a service-connected disability is denied.,The Veteran's request for restoration of a 40 percent rating for lumbar strain with spondylosis and a rating in excess of 10 percent is remanded.

The Board has remanded the Veteran's claims for cervical spine, thoracolumbar spine, left knee, and right knee conditions due to potential errors in obtaining pertinent medical records and inadequate opinions regarding the nature and etiology of these conditions.

The Board has remanded the Veteran's claims for service connection for lower back and cervical conditions due to inadequate VA medical opinions that did not consider the Veteran's lay statements.

The Veteran's claim for service connection for tinnitus is granted as the evidence shows that his current condition likely began during service. However, his claims for bilateral hearing loss, traumatic brain injury, sleep apnea, and cervical degenerative disc and joint disease are denied due to lack of a current disability diagnosis.,There is no current diagnosis of bilateral hearing loss or traumatic brain injury related to service. The Veteran's claim for sleep apnea is also denied as there is insufficient evidence of a current disability. Service connection for cervical degenerative disc and joint disease (claimed as cervical strain) is not granted due to lack of a current condition.,The Veteran's tinnitus claim is supported by his credible statements about the onset and impact of the condition during service, but he does not have a confirmed diagnosis of hearing loss or traumatic brain injury. The Board finds no evidence linking these conditions to service.

The Veteran withdrew his claims for service connection for back and right hip disorders because he was satisfied with his total rating.

The appeals for higher initial ratings on the lumbar spine disability and surgical scars of the lower back are dismissed. The appeal for TDIU from April 22, 2021 to July 31, 2021 is dismissed as moot due to the concurrent award of SMC at the housebound rate. The appeal for TDIU prior to April 22, 2021 and after July 31, 2021 is denied.

The Veteran's initial ratings for degenerative arthritis of the lumbar spine and cervical spine have been granted, but the case is remanded due to issues with his left upper extremity radiculopathy.

The Veteran's lumbar degenerative arthritis disability is rated at 40 percent from June 1, 2022. The rating reflects the severity of his condition which limits his ability to perform activities like bending and lifting.

The Board has decided to remand the case due to a duty-to-assist error and insufficient medical opinion regarding the Veteran's back disability.

The Board has denied the Veteran's claims for service connection for left hip, right hip, low back, and right heel conditions as there is no evidence of a current disability.

The Veteran's bilateral hearing loss and tinnitus have been granted service connection, with the Board finding that there is at least as much evidence to support these conditions being related to his military service. The Veteran's headaches, left elbow disability, left wrist disability, left hip disability, right hip disability, left knee disability, cervical spine disability, and lumbosacral spine disability have been remanded for further review.,The Board has found that the evidence is in equipoise as to whether the Veteran's bilateral hearing loss and tinnitus are related to his military service. The Veteran's headaches, left elbow disability, left wrist disability, left hip disability, right hip disability, left knee disability, cervical spine disability, and lumbosacral spine disability have been remanded for further review.

The Veteran withdrew their appeal, and the Board dismissed the case as a result.