Back / lumbar spine decisions — 2024

The Veteran's combined service-connected disabilities rendered him unable to secure or follow a substantially gainful employment, and the Board has granted a TDIU based on this.

The Board has granted service connection for lumbosacral strain with degenerative arthritis, osteoarthritis of the left hip, and osteoarthritis of the right hip as secondary to service-connected bilateral knee disabilities. Service connection for carpal tunnel syndrome of the right wrist is also granted.

The Veteran's appeal for service connection for a back disability prior to December 7, 2023, was dismissed as the Veteran withdrew his appeal in September 2020.

The Board has dismissed the appeal for service connection on all claimed conditions due to the appellant's death.

The Board has restored the Veteran's disability rating for his back condition from 40% to 40%, effective November 19, 2020.

The Board has granted readjudication of the claims for service connection for right and left knee disabilities, as well as an initial rating for service-connected left Achilles tendonitis. The appellant's left Achilles tendonitis is rated at a 20 percent disability rating.

The Board has granted service connection for right knee PFPS and right knee arthritis, but denied the remaining claims including bilateral hearing loss, female problems (including lack of sex drive and fibroids), left hip condition, right hip condition, lower back condition, and bilateral foot condition.

The Board has determined that the VA examinations of record are inadequate for adjudication as they did not apply the correct standard of proof, did not address worsening or aggravation, and did not support the findings with an adequate rationale. The Veteran's claims for service connection for lower back, left hip, and right hip disabilities secondary to service-connected disabilities must be remanded for further development.

The Veteran's appeals for higher ratings for left shoulder, lumbar spine, and bilateral knee disabilities were denied. The Board found that the current ratings of 20% are appropriate based on the evidence showing no limitation of motion to 25 degrees from the side in the left shoulder, and no significant impairment in range of motion or function in the lumbar spine and bilateral knees.

The Veteran's appeals for left ankle, right ankle, and low back conditions have been dismissed. The Veteran's right knee disability and OSA were granted service connection.

The Board has determined that the Veteran's low back disabilities manifested by lumbar pain, diagnosed as degenerative disc disease and lumbar facet hypertrophy with muscle spasms, were incurred during active duty. As a result, service connection for these conditions is granted.

The Board has granted earlier effective dates of February 1, 2019, for service connection of lumbar radiculopathy right and left lower extremities.

The Veteran's TDIU claim is granted from May 20, 2017. The SMC under 38 U.S.C. § 1114(s) claim is granted from June 11, 2018.

The Board has granted an effective date of July 5, 2017 for the award of service connection for lumbosacral strain with degenerative arthritis. The Veteran's claim was initially denied in October 2019 but reopened and granted on July 5, 2018.

The Veteran's left hand ring and little finger fracture with ankylosis is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's lumbosacral strain with degenerative arthritis, intervertebral disc syndrome, and degenerative disc disease is currently rated at 40 percent, but the Board finds that a higher rating is not warranted.

The Board has identified pre-decisional duty to assist errors in the claims for bilateral foot disability, back disability, neck disability, migraine headaches, and PTSD. The Veteran's claims are being remanded for additional development.

The Veteran's acquired psychiatric disorder is rated at 100 percent, reflecting total occupational and social impairment.,His low back disability is rated at 40 percent, with forward flexion limited to 80 degrees.

The Veteran's back disability and neuropathy in the right lower extremity are currently rated at 20% each. The Board denied an increased rating for both conditions as there was no evidence of limitation of motion or incapacitating episodes of intervertebral disc syndrome that would warrant a higher rating.

The Board has reviewed the Veteran's claims for service connection for various conditions, but found no new and relevant evidence to support readjudication of any of these claims. As such, the claims are denied.

The Veteran's claims for increased ratings for his service-connected disabilities, including paralysis of the sciatic nerve and lumbosacral strain, are being remanded due to a failure to obtain complete medical records from Dr. K.D. and an inability to assess range of motion in the Veteran's lumbar spine.