Back / lumbar spine decisions — 2024

The Veteran's service-connected disabilities, including his neck and back conditions, diabetes, coronary artery disease, and diabetic neuropathy, render him unable to secure or maintain substantially gainful employment.

Service connection for a low back disability characterized by painful limited motion is granted. A rating of 70 percent for PTSD is granted from September 24, 2020 to November 16, 2021.

The Veteran's claim for service connection for a skin condition to include as due to an undiagnosed illness is granted. The claim for service connection for lumbosacral strain, to include as secondary to a service-connected left knee disability, is remanded.

The Board has granted the Veteran's claims for service connection for a back disability, left knee disability, and LLE radiculopathy due to injuries sustained from a tornado during active duty. The decision is based on credible evidence of an in-service injury and current disabilities that are at least as likely as not related to the 1957 tornado.

The Veteran's claim for a disability rating in excess of 10 percent for lumbar spine degenerative disc disease with history of strain was denied. The Board found that the evidence did not support a higher rating based on limitation of motion, and the Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Board has decided to remand the case due to inadequate medical opinions and needs further examination to determine if any diagnosed low back condition is at least as likely as not caused or aggravated by service or a service-connected condition.

The Veteran's claim for service connection for a neck disability was reopened and granted.,The Veteran's claim for service connection for a lumbar spine disability was reopened and granted.,The Veteran's claim for service connection for irritable bowel syndrome (IBS), to include as secondary to treatment for migraine headaches, was granted.

The Veteran's increased rating for somatic symptom disorder, right hip strain, left hip strain, and status post L5-S1 discectomy (back disability) is granted. The ratings for radiculopathy of the sciatic nerve in both lower extremities are remanded.

The Board has decided that the Veteran's claim for service connection for a lower back condition is remanded due to the need for a VA examination.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as he has not provided a VA Form 21-8940, and his employment status is unclear. The Board cannot evaluate the economic and noneconomic components of the substantially gainful employment standard.

The Veteran's service-connected right and left femoral nerve radiculopathies were not granted effective dates prior to July 13, 2020. Effective March 3, 2017, the Veteran was awarded a TDIU based on his combined disability rating of 100%.

The Board has determined that the Veteran's back disability did not have its onset in service or within one year of discharge, nor is it related to any aspect of service. The condition was also not aggravated during service. Therefore, the claim for service connection for a back disability is denied.

The Board has remanded the claims for service connection due to incomplete records and a need for additional examinations. The Veteran's back disorder, left foot hallux valgus, right foot hallux valgus, and COPD are all under review.

The Veteran's appeal for service connection for a back disorder has been dismissed as he withdrew his appeal in May 2024.

The Veteran's low back condition, diagnosed as degenerative arthritis of the lumbar spine, is granted service connection secondary to his service-connected left knee condition.,The Veteran's bilateral tinnitus is granted service connection due to in-service hazardous noise exposure.

The Board has remanded the case due to a failure to obtain an adequate nexus opinion regarding the Veteran's service connection claim for a low back disability. The examiner must provide a new opinion addressing whether the current low back disability is at least as likely as not related to in-service disease or injury, including documented treatment following a motor vehicle accident.

The Veteran's claims for service connection of a back condition and plantar fasciitis as secondary to her service-connected bilateral pes planus are being remanded due to the need for additional examinations.,An examination is required to determine if the Veteran's lumbosacral strain and plantar fasciitis are proximately due to or caused by her service-connected bilateral pes planus, and whether any aggravation of these conditions can be attributed to the service-connected condition.

The Veteran's claims for effective dates earlier than July 24, 2017 for service connection of degenerative arthritis, thoracolumbar spine and right ear hearing loss have been denied as there is no evidence that the Veteran filed a claim prior to this date.

The Veteran's lumbosacral strain was restored to a 20 percent rating effective July 16, 2014. An initial 40 percent rating from September 30, 2013 and continuing thereafter for lumbosacral strain is granted.

The Board has determined that the VA did not provide a necessary examination for the Veteran's right shoulder, lumbar strain, and right knee disorders. The claims are being remanded to schedule these examinations.