Back / lumbar spine decisions — 2024

The Veteran's initial claim for a higher rating for lumbosacral strain was denied, and the current rating of 10 percent remains unchanged. A subsequent increase to 20 percent is also denied.

The Board has granted service connection for lumbar strain and denied service connection for bilateral hearing loss. The decision is based on the Veteran's reports of in-service low back pain and exposure to noise during military service, but no current hearing loss disability was found.

The Veteran's initial disability rating for lumbosacral strain with arthritis remains at 10 percent, and the claim for service connection of sleep apnea is remanded due to a duty to assist error.

The Board dismissed the Veteran's appeal for service connection due to his withdrawal of the claim for bilateral hearing loss. The remaining claims for tinnitus, multiple joint disorders (shoulders, elbow, back, knees, ankles, feet, toes), and radiculopathy were denied as not supported by evidence of a current disability or a causal relationship to service.

The Board has remanded the Veteran's claims for low back disability, bilateral foot disabilities (including pes planus and plantar fasciitis), right knee disability, and left knee disability due to the need for additional evidence or examination. The issues are being returned to the AOJ for further review.

The Veteran's back condition was reduced from a 40 percent rating to a 10 percent rating, effective May 1, 2020. The Board found that the reduction was not proper because there was no evidence of actual improvement in his ability to function under ordinary conditions.

The Board has determined that there was a duty to assist error and transferred the claim to the Supplemental Claim decision review option for additional development. The Veteran's lumbar spine condition is currently rated at 20 percent, effective June 16, 2020. The Board finds remand necessary due to inadequate examination reports and failure to consider functional ankylosis.

The Veteran's service-connected disabilities, including right upper extremity radiculopathy, left upper extremity radiculopathy, cervical spine degenerative disc disease, right shoulder strain, lumbar spine strain with degenerative disc disease, and right lower extremity radiculopathy, rendered him unable to secure and maintain substantially gainful employment. The Board granted TDIU based on the combined rating of 80 percent for these service-connected disabilities.

The Board has remanded the claim for service connection for residuals, lumbar spine injury due to inadequate medical opinion and duty to assist error. The Veteran's back disability may have had onset during active duty or a period of ACDUTRA or INACDUTRA.

The Veteran's migraines, including migraine variants, are found to be secondary to his service-connected depression.,The Veteran's sciatica of the right and left lower extremities is found to be secondary to his service-connected degenerative disc disease, lumbar spine.

The Board has remanded the case due to a duty to assist error regarding left lower extremity radiculopathy. The Veteran's lumbar spine disability and TDIU are granted, along with SMC under 38 U.S.C. § 1114(s) for specified periods.

The Veteran's claim for tinnitus has been granted, as the evidence supports a finding that his current tinnitus is at least as likely as not related to in-service noise exposure.,The Veteran's claims for bilateral hearing loss and left lower extremity radiculopathy have been remanded due to insufficient medical opinions regarding their etiology.

The Board has remanded the Veteran's claims of service connection for left knee, neck, and low back disabilities due to insufficient medical opinions based on the absence of treatment records.

The Board has dismissed the Veteran's appeals for service connection on all issues due to an error in docketing within the AMA system.

The Veteran's left knee and low back disabilities have been granted, but his increased rating claims for these conditions are being remanded. Additionally, the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities is also being remanded.

The Veteran's lumbosacral strain and associated radiculopathy have been granted service connection.,Secondary service connection for right and left lower extremity radiculopathy to the lumbosacral strain has also been granted.

The Board has denied the Veteran's claims for service connection for low back disability, right knee disability, and psychiatric disability due to lack of evidence linking these conditions to her military service.

The Board has granted the Veteran's claim for service connection for his back condition, finding that the evidence supports a link between his in-service motor vehicle accident and his current back disability.

The Veteran's lumbar spine disability and related radiculopathy of the sciatic nerve are rated at 20% and 40%, respectively. The Board has found that remand is necessary for further development regarding service connection claims for various joints and erectile dysfunction.

The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or special home adaptation due to his inability to use assistive devices and lack of loss of use of any extremities.