Back / lumbar spine decisions — 2024

The Board has remanded the claims for bilateral hearing loss, an acquired psychiatric disorder (to include depression and anxiety), a stomach disorder (to include GERD), a leg disorder, a lumbar spine disorder, a cervical spine disorder, a right ankle disorder, a left ankle disorder, a right hip/thigh disorder, a left hip/thigh disorder, a right knee disorder, and a left knee disorder for further development.,The Board found that the Veteran's hearing loss does not meet VA criteria for service connection due to lack of evidence of current disability.

The Board denied the Veteran's claim for an effective date prior to June 4, 2017, for a 20 percent rating for lumbar radiculopathy of the left femoral nerve. The Board found that there was no factual basis to support an earlier effective date due to insufficient evidence showing a specific increase in severity within the year prior to the claim.

The Veteran's claims for lumbar spine degenerative arthritis and intervertebral disc syndrome, left hip strain with limited flexion, right lower extremity femoral nerve radiculopathy, and right lower extremity sciatic nerve radiculopathy were granted effective May 23, 2017.,The Veteran's claims for left hip strain with thigh impairment, left hip strain with limited extension, and left hip strain with limited flexion were denied.

The Veteran's cervical spine disc degeneration is denied as there is no evidence of a nexus to service.,The Veteran's hernia (specifically umbilical hernia and inguinal regions) is denied due to lack of chronicity of care during service.,The Veteran's left knee strain (patellofemoral pain syndrome and chronic sprain) is remanded as there are conflicting opinions regarding its onset in service.,The Veteran's left ankle lateral collateral ligament sprain is remanded as the VA examiner found no evidence of chronicity of care during service.,The Veteran's lumbar spine disorder, left shoulder disorder, and right shoulder disorder are all remanded due to lack of medical records documenting ongoing treatment or diagnosis in service.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The issues include back, hip, foot, and face disabilities, as well as respiratory issues.

The Veteran's lumbosacral strain with degenerative arthritis is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's right lower extremity sciatic nerve radiculopathy is currently rated at 10 percent, and the Board does not find evidence to support a higher rating.,The Veteran's right knee strain is currently rated at 10 percent, with no indication of a need for a higher rating based on the provided information.,The Veteran's right shoulder strain is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.

The Board has granted the Veteran's claim of service connection for degenerative disc disease, spondylosis, lumbar strain, and scoliosis, finding that his current back condition is at least as likely as not related to an in-service injury or event.

The Veteran's Obstructive Sleep Apnea (OSA) is granted as secondary to her service-connected PTSD with depressive disorder.,The Veteran's Low Back Condition is remanded and will be reconsidered based on the new medical opinion provided.

The Veteran's lumbar disability was granted a rating of 30 percent for the period prior to March 3, 2023.

The Veteran withdrew her appeal for service connection for thoracolumbar scoliosis and lumbosacral strain, resulting in the dismissal of this case.

The Veteran's claim for an earlier effective date for service connection of lumbosacral strain is granted, with the effective date set at May 29, 2020. The Board found that the representative resubmitted the application on March 10, 2020 and resolved all reasonable doubt in favor of the Veteran.

The Board has remanded the case due to inadequate examination findings and a need for further evaluation of the Veteran's lumbosacral strain.

Your appeal of service connection for cervical degenerative disc disease has been dismissed because a prior decision granted this condition.

The Veteran's tinnitus claim is denied as the evidence does not support a finding that it was incurred in service or within one year of separation from service.,The Veteran's left knee, right knee, and low back disabilities are remanded for further examination and opinion to determine if they were incurred in service.

The Veteran's claims for service connection have been granted due to new evidence submitted, including the passage of the PACT Act. The appeals are granted.

The Veteran's appeal for increased ratings for diabetes mellitus, low back disability, PTSD with alcohol use disorder, hypothyroidism, diabetic peripheral neuropathy of the left and right lower extremities is dismissed. The claims for higher ratings are remanded due to a pre-decisional duty to assist error.

The Veteran's claim for an earlier effective date for SMC based on housebound criteria is denied because the Veteran does not meet the requirements of having a single service-connected disability rated at 100 percent, or being permanently housebound by reason of disability or disabilities.

The Veteran's PTSD has been granted a rating of 70 percent, effective from the date of the decision.,Service connection for sleep apnea is granted and rated at 100 percent.

Your appeal was dismissed because your form did not address a rating decision, but rather notified you that an earlier appeal was already pending.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted for special monthly compensation based on aid and attendance.