Back / lumbar spine decisions — 2024

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's service-connected PTSD and back condition caused him to become obese, which was a substantial factor in causing his obstructive sleep apnea.

The Board dismissed the appeal for bilateral knee strain, bilateral shoulder strain, lumbosacral strain, and cervical strain as the appellant requested a withdrawal of his appeal.

The Veteran's lumbosacral strain with degenerative arthritis of the lumbar spine is granted as service connected, after new and relevant evidence was submitted. The Board found that his current condition is at least as likely as not caused by his military service.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating. The Veteran's other service-connected conditions are also denied.

The Veteran's radiculopathy of the right and left lower extremities, PTSD, and low back disorder were granted initial disability ratings. The Veteran's PTSD was denied a higher rating.

The Veteran's claims for increased ratings for GERD and hiatal hernia, migraine headaches, and PTSD were denied. The Board found that the evidence did not support a higher rating than 10 percent for GERD and hiatal hernia, and denied an initial compensable rating for migraines. A 50 percent rating was granted for PTSD and other specified trauma and stressor related disorder.

The Veteran's lumbar spine condition is rated at 40 percent, which is the maximum rating available under VA regulations.,The Veteran's left knee limitation of flexion is currently rated at 10 percent and her left knee limitation of extension is not compensable.

The Board has remanded several claims due to the need for additional evidence, including missing service treatment records and an inadequate medical opinion regarding a VA colonoscopy. The Veteran's right knee condition, low back problem, seizure disorder, depression (claimed as PTSD), sleep apnea, myositis, and narcolepsy are all under review.

The Board has determined that the VA examination and decision on appeal were not thorough enough to make a determination regarding service connection for a back disability. The case is being remanded to obtain an addendum opinion from a VA examiner.

The Veteran's degenerative disc disease with spinal stenosis is granted a disability rating of 40 percent. The ratings for radiculopathy, hammer toes, and bilateral hyperpronation are denied.

The Board has remanded the Veteran's claims for service connection due to a lack of a VA examination addressing the etiology of his claimed conditions, including left arm neuralgia and back issues. The Veteran contends these conditions are related to an in-service injury.

The Board has remanded the claims for increased ratings due to insufficient evidence, and no specific rating assigned or effective date provided.

The Board has dismissed the issue of service connection for a right ankle disorder due to the Veteran's withdrawal. The remaining issues of service connection for cervical spine, left shoulder, thoracolumbar spine, and left leg disorders are remanded.

Service connection for a left shoulder disability is granted.,A rating in excess of 10 percent prior to January 21, 2022, and in excess of 40 percent therefrom for the Veteran's low back disability is denied.

The Board has found that the Veteran's lumbar spine disability is etiologically related to his service, resolving reasonable doubt in favor of the Veteran. Service connection for degenerative arthritis of the lumbar spine is granted.

The Veteran's degenerative arthritis of the lumbosacral spine with intervertebral disc syndrome and spinal stenosis is currently rated at 40 percent, which is the maximum schedular rating available.,An effective date prior to July 2, 2020, for a 40 percent disability rating for degenerative arthritis of the lumbosacral spine with intervertebral disc syndrome and spinal stenosis is denied.

The Veteran's service-connected degenerative disc disease with intervertebral disc syndrome, lumbar spondylosis, and arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted increased disability ratings of 40 percent each. The appeal is resolved in favor of the Veteran.

The Board denied the Veteran's claim for VR&E services due to his meeting the threshold requirements for entitlement but not having an employment handicap, as determined by a VA counseling psychologist (CP) or VRC.

The Veteran's service-connected right ankle disability is found to be the primary cause of his degenerative arthritis of the thoracolumbar spine, right hip strain, and left hip strain. The claims for earlier effective dates for TDIU and DEA benefits are also granted.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, meeting the criteria for a TDIU.