Back / lumbar spine decisions — 2024

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability.,Service connection for low back pain and dysfunction is also denied due to lack of credible evidence linking the condition to active duty. The Veteran did not report recurrent back pain during his separation examination, and there are no contemporaneous medical records indicating treatment for this issue.,The Veteran's PTSD claim has been granted with a 50% rating since February 10, 2020. The Board found that the symptoms associated with PTSD more closely approximate those of a 70% disability rating.

Your service connection claims for low back disability, right hip disability, left hip disability, and sleep apnea have already been fully granted in previous decisions. Therefore, there are no remaining issues to be decided by the Board.

The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, which has been granted. The housebound rate is moot as the SMC based on aid and attendance is a greater benefit.

The Veteran's initial compensable evaluation for left ear hearing loss is denied due to the audiometric findings not meeting the criteria for a compensable rating.,Service connection for anxiety is denied as there is no evidence of an in-service injury or disease that could be related to current symptoms.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, and a back disorder were denied as there was no evidence of current disabilities or in-service incurrence.,For bilateral hearing loss, the Veteran did not meet the criteria for a disability under VA regulations.

The Board has granted service connection for bilateral hearing loss and remanded the issues of service connection for back condition with bilateral lower extremity radiculopathy, nerve damage to right lower extremity, left upper extremity, left lower extremity, and right upper extremity.

The Board has restored a 40 percent disability rating for the Veteran's lower back disability effective June 1, 2020. The claim for a higher rating is denied.

The Board has granted service connection for a back disability effective December 16, 2019. The Veteran's claim was reopened and the initial rating of 20 percent for his back disability is denied.

The Board has determined that the VA examinations for the Veteran's low back, right knee, and left knee disabilities are inadequate. The Board is therefore remanding these issues to obtain new opinions from VA examiners.

The Veteran's appeal for an increased rating for his service-connected degenerative disc disease of the lumbar spine has been dismissed due to his death while the appeal was pending.

The Veteran's claims for service connection for chronic sinusitis, rhinitis, left foot condition, lower back condition, and migraine headaches have been denied.,Service connection was not granted for any of the claimed conditions due to a lack of current diagnoses or evidence linking these conditions to service.

The Veteran's service-connected disabilities have resulted in an inability to secure or follow a substantially gainful occupation since May 5, 2016. Effective dates for TDIU and Dependents' Educational Assistance benefits are granted as of that date.

The Board denied service connection for bilateral foot, ankle, and low back disabilities due to a lack of evidence showing an in-service injury or aggravation that resulted in current disability.,Service treatment records did not show any chronic ankle or hip conditions during active duty. The VA examiner concluded the current disabilities are more likely related to post-service use/overuse.

The Board has granted service connection for a lumbar spine disability but remanded the issue of service connection for obstructive sleep apnea due to insufficient medical opinions.

The Board has dismissed the issue of service connection for back disability as it was granted in a prior decision. The issues of service connection for right and left ankle disabilities are remanded.

The Board has remanded the claims for prostate cancer, hypertension, obesity, sleep apnea, lumbar spine disability, bilateral pes planus, left foot bunion, right foot bunion, left ankle disability (claimed as achilles tendonitis), left knee disability, right knee disability, left hand disability, right hand disability, left elbow disability, right elbow disability, left shoulder disability, and right shoulder disability due to incomplete military records.

The Veteran's appeal for increased ratings for sacroiliitis with spondylosis, and degenerative disc disease, thoracolumbar spine (back pain) and radiculopathy of the right lower extremity is dismissed as a matter of law.,The Veteran's appeal for a separate 10 percent rating for right knee instability is granted.

The Veteran's claims for earlier effective dates for the grants of service connection for cervical strain with degenerative arthritis of the spine, intervertebral disc syndrome and degenerative disc disease, migraines, radiculopathy of the right upper extremity, radiculopathy of the left upper extremity, and corneal scar, right eye (right eye disability) have been denied.,The earliest effective dates available under the applicable law for these awards are February 11, 2019, for cervical strain with degenerative arthritis of the spine, intervertebral disc syndrome and degenerative disc disease, radiculopathy of the right and left upper extremities, and migraine headaches; January 22, 2014, for corneal scar, right eye (right eye disability).

The Veteran's claims for increased ratings and service connection have been denied. The Veteran is not entitled to a rating in excess of 10 percent for his degenerative arthritis with IVDS status-post repair of the thoracolumbar spine, and he does not meet the criteria for service connection for a left knee disorder.

The Veteran's tinnitus is granted as service-connected. The Board has remanded the claims for a breathing condition, bilateral knee conditions, and back condition due to duty-to-assist errors.