Back / lumbar spine decisions — 2024

The Veteran's claims for service connection on remand have been denied due to lack of evidence supporting the claimed conditions.,An effective date prior to March 28, 2018, for PTSD and an increased rating for tonsillectomy are also denied.

The Veteran's claims for left and right ankle disabilities have been withdrawn. The claim of service connection for a back disability has been denied as new evidence was not received to show an injury during active duty.,The Veteran's claims for erectile dysfunction and hypertension secondary to a service-connected disability have been granted.

The Veteran's claims for residuals of right-hand and left-hand frostbite injuries, as well as bilateral pes planus with plantar fasciitis, were granted. However, the claim for right lumbar radiculopathy was denied due to lack of service connection.

The Veteran's service-connected disabilities rendered him unable to secure and maintain substantially gainful employment, thus the Board has granted TDIU.

The Board has remanded the claims of service connection for low back degenerative disc disease, dry eyes as secondary to right eye pterygium, preglaucoma as secondary to right eye pterygium, and a compensable rating for right eye pterygium due to duty-to-assist errors in obtaining adequate opinions regarding the relationship between the Veteran's conditions and service.

The Veteran's disability ratings for lumbar strain with degenerative disc disease and disc displacement, left knee strain with medial meniscal tear status post meniscectomy, and nephrolithiasis (kidney stones) were restored to their previous levels.

The Board has denied the Veteran's claims for service connection for right shoulder strain, left shoulder strain, lumbar spine strain, and depression as there is no persuasive evidence of current disabilities or a causal relationship to service.

The Board has granted a 40 percent rating for the Veteran's intervertebral disc syndrome with degenerative disc disease arthritis, resolving all doubts in favor of the Veteran.

The Board has dismissed the appeals for service connection of lumbar spine disability, obstructive sleep apnea disability, and a rating in excess of 10 percent for left knee disability due to the Veteran's death.

The Veteran's claims for service connection for sleep apnea and an evaluation in excess of 20 percent for a lumbar spine disability are being remanded due to duty-to-assist errors. The AOJ must schedule the Veteran for VA examinations to determine the probable date of initial onset and etiology of obstructive sleep apnea, as well as the level of functional impairment associated with his service-connected low back disability.

The Board has denied the Veteran's claims for service connection for right knee condition, right hand condition (trigger finger surgery), nodular hyperplasia of the adrenal glands, and low back condition due to lack of evidence showing a nexus between these conditions and active service.

The Veteran's lumbosacral strain is currently rated at 10% and has been granted a 20% rating. The evidence shows that the Veteran's forward flexion was up to 60 degrees, which warrants a higher rating of 20%. There is no indication of ankylosis or other conditions warranting a higher rating.

The Board has granted the Veteran's claims of service connection for low back and lower extremity radiculopathy. The claim for neck disability is remanded due to a duty-to-assist error.

The Board has granted service connection for bilateral cataracts and low back disability, finding that these conditions are related to the Veteran's service-connected hypertension. Service connection for a headache condition was denied as there is no current diagnosis of such condition.

Your increased rating for lumbosacral strain has been reduced to 10 percent, but you are already receiving a higher rating of 40 percent. Therefore, your appeal is dismissed.

The Veteran's claims for service connection for right and left ankle conditions, back condition, and PTSD have been denied. The claims for service connection for left and right hip conditions and sinus condition (allergic rhinitis) are being remanded.,The Board finds that the evidence does not support a finding of current disabilities related to the Veteran's service.

The Veteran's service-connected disabilities (lumbar spine degenerative arthritis, left sciatic nerve radiculopathy, right shoulder strain, and left shoulder tendonitis) render him unable to obtain and maintain substantially gainful employment. The Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's appeals for increased disability ratings were dismissed due to the death of the appellant.

The rating for the Veteran's lumbar spine disability was restored from 20% to 40%, effective July 5, 2023.