Back / lumbar spine decisions — 2024

The Board has dismissed the appeals for service connection of a thoracolumbar spine condition and a cervical spine condition secondary to a thoracolumbar spine condition as there is no longer an issue due to previous grants of service connection.

The Veteran's appeal was dismissed due to their death, and no further action can be taken on the claims.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of service connection.

The Veteran's acquired psychiatric condition, including anxiety and depression, is related to his duties in the Airborne infantry during service.,The Veteran's left wrist sprain is proximately due to his service-connected right and left knee conditions. The VA examiner opined that it was more likely than not that his service-connected knee conditions have worsened his acquired psychiatric condition.

The Veteran's claim for service connection for degenerative disc disease of the thoracolumbar spine is being remanded due to a lack of a VA medical examination and insufficient competent medical evidence.

The Board has granted a TDIU and SMC based on aid and attendance for the Veteran's service-connected lumbar spine disability. The Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities, including back pain that limits his ability to work. He also requires regular aid and assistance from another person due to his physical limitations.

The Veteran's TDIU and housebound status claims are both granted due to the severity of her service-connected disabilities, which render her unable to work and substantially confined to her home.

The Board has remanded the claims of service connection for bilateral wrist CTS and a back condition due to duty-to-assist errors. The Veteran's claim for bilateral wrist CTS will be remanded to obtain a new VA opinion regarding whether her bilateral wrist CTS had its onset in service or is otherwise related to service, specifically addressing her in-service MOS involving typing. The Veteran's claim for a back condition will be remanded to obtain a new VA examination and opinion to determine the nature of her current back disability and whether it is due to her service.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service-connected degenerative arthritis with degenerative disc disease and intervertebral disc syndrome, which aggravated his obesity. As a result, service connection for obstructive sleep apnea is granted.

The Veteran's claims for increased rating and service connection are remanded due to inadequate examination reports. A new examination is needed to assess the severity of his back disability, determine if hypertension is secondary to his service-connected conditions, and evaluate the left hip condition.

The Veteran's claims for earlier effective dates for service connection are denied as no formal or informal claim was received prior to June 23, 2020.

Service connection for diabetes mellitus type II (DM II) and hypertension (HTN) is granted on a presumptive basis due to herbicide agent exposure.,Service connection for right hip osteoarthritis, post hip replacement and left hip osteoarthritis, post hip replacement are granted on a direct basis.

The Veteran's acquired psychiatric disorder, including depression, is found to be related to her active-duty service.,There is insufficient evidence to establish a link between the Veteran's cervical spine disability and her active-duty service.

The Veteran's thoracolumbar strain has been granted a 40 percent evaluation prior to September 11, 2020 and the issue of entitlement to an evaluation in excess of 40 percent for thoracolumbar strain is remanded.,The Veteran's chronic constipation with diverticulitis has been granted a 30 percent evaluation prior to September 11, 2020. The issue of entitlement to an evaluation in excess of 30 percent thereafter for constipation is also remanded.

The Veteran's appeal is remanded for additional examinations and information to determine appropriate ratings for his service-connected disabilities, including left ear hearing loss and residuals of lumbar laminectomy. The TDIU claim is also remanded.

The Veteran's claims for higher ratings and service connection grants are granted with effective dates of December 17, 2018.,An earlier effective date of December 17, 2018, is granted for the awards of service connection for left knee limitation of extension and right knee instability.

The Board has determined that an effective date of November 27, 2019 is warranted for the award of a 70 percent rating for MDD. The Veteran's claims for right hip and left knee disabilities as well as TDIU are remanded due to procedural errors.

The Veteran's appeal was denied for TDIU prior to October 7, 2019. Service connection for prostate cancer was not established due to lack of evidence linking the condition to service. The Veteran's lumbar spine disability and left lower extremity sciatica were both rated at 20 percent, but no higher.

The Board has granted service connection for Degenerative Disc Disease (DDD) of the lumbar spine, finding a link between the condition and service. The Veteran's statements were found credible in establishing this link.

The Veteran's degenerative disc disease of the lumbosacral spine with right lower radiculopathy is related to service and has been granted.