Back / lumbar spine decisions — 2024

The Veteran's low back, left knee, and headaches disabilities are granted as service-connected.,The Veteran's dermatitis disability is also granted as service-connected.

The Board has decided to remand the case due to a duty to assist error, specifically failing to obtain a VA scar or skin examination prior to the June 2020 rating decision on appeal.

The Board has remanded the claims for right knee, back, neck, and right shoulder disabilities due to inadequate VA opinions and failure to obtain relevant medical records.

The Board denied service connection for the Veteran's claimed acquired psychiatric disorder, neck disorder, lumbar spine disorder, left knee disorder, and right hand disorder due to lack of evidence linking these conditions to service. The Veteran's participation in willful misconduct during service is considered a bar to establishing service connection.

The Veteran's initial 50% evaluation for degenerative arthritis of the lumbar spine is granted, and his prior evaluations for radiculopathy of the right and left lower extremities are also granted.

The Board has denied service connection for degenerative disc disease of the cervical spine and unspecified trauma and stressor related disorder, finding that there is no credible evidence linking these conditions to military service.

The Board has found that the Veteran's service treatment records are incomplete and have not been fully associated with his claims file. The Board is therefore remanding the case to obtain any outstanding service treatment records.

The Board denied service connection for a back disability, hypertension, and swollen glands.

The Veteran's service-connected disabilities, including ADHD, lumbosacral strain with degenerative arthritis, tinnitus, right knee osteoarthritis, left knee osteoarthritis, scar, and left ear hearing loss, collectively precluded him from obtaining and maintaining substantially gainful employment. The Board granted a TDIU based on the combined effects of these disabilities.

The Board has granted service connection for GERD, Hernia, Obstructive Sleep Apnea, Cervical Spine Disability, Left Upper Extremity Radiculopathy (secondary to cervical spine disability), Right Upper Extremity Radiculopathy (secondary to cervical spine disability), Thoracolumbar Spine Disability, Left Lower Extremity Radiculopathy (secondary to thoracolumbar spine disability), Right Lower Extremity Radiculopathy (secondary to thoracolumbar spine disability), and Left Knee Disability (secondary to bilateral foot disabilities, pes planus) and Right Knee Disability (secondary to bilateral foot disabilities, pes planus).

The Board denied the Veteran's request for a higher disability rating for his low back disability, finding that the evidence did not show forward flexion of the thoracolumbar spine limited to 30 degrees or less, unfavorable ankylosis of the entire thoracolumbar spine, or unfavorable ankylosis of the entire spine. The Board also found no incapacitating episodes due to intervertebral disc syndrome (IVDS) and no objective neurologic abnormalities associated with the lumbar spine.

The Veteran's service-connected disabilities, including PTSD with TBI and multiple musculoskeletal conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU rating effective July 18, 2019. Service connection for esophageal cancer is remanded due to the PACT Act's expansion of presumptive conditions.

The Board has dismissed the claim for a TDIU from July 19, 2023 due to the grant of a combined 100 percent rating and special monthly compensation (SMC) under 38 U.S.C. § 1114(s). The appeal for a TDIU prior to July 19, 2023 is remanded as it may be eligible for extraschedular consideration.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence to support his contention that his current condition is due to an in-service injury or event.

The Board denied service connection for a back condition, finding no causal relationship to service and noting that arthritis did not manifest within one year of separation.

The Board has granted the Veteran's claim for service connection for degenerative disc disease of the lumbar spine, finding that his current condition is related to his in-service back pain and resulting scoliosis.

The Veteran's claim for service connection for tinnitus was granted with an effective date of May 10, 2019. The claims for bilateral hearing loss and asthma were granted under the PACT Act with effective dates of August 10, 2022. An initial compensable rating for bilateral hearing loss is denied.

The Board has granted service connection for a neck disorder, diagnosed as cervical spine degenerative arthritis and degenerative disc disease, on a presumptive basis due to continuity of symptomatology since service. The appeal is granted.

The Veteran's appeals for increased disability ratings for his lumbar spine disability and bilateral radiculopathy of the lower extremities have been dismissed due to his explicit, unambiguous requests to withdraw these appeals.

The Veteran's service connection claim for discogenic disease, lumbar spine is granted as the Board finds that his current disability arose during service.,Service connection for shoulder, left (claimed as osteoarthrosis) is denied due to lack of evidence linking the condition to service.