Back / lumbar spine decisions — 2024

The Veteran is granted an initial 70 percent rating for major depressive disorder, effective June 6, 2018.,The Veteran is also granted a TDIU based on his service-connected disabilities, effective June 6, 2018.

The Veteran's left knee tendonitis and lumbar spine arthritis are being remanded for further examination to determine the severity of his disabilities during flare-ups.

The Board denied the Veteran's claim for service connection for a low back condition, finding that there is no current diagnosis of such a condition and thus not meeting the criteria for service connection.

The Veteran's bilateral hearing loss and tinnitus are granted as service-connected.,The Veteran's low back disability and heart disability (valvular heart disease) are remanded for further review.

The Veteran's appeals for increased ratings for degenerative disc disease of the lumbar spine and left sciatic nerve impingement have been dismissed as he withdrew his claims before the Board.

The Board has determined that the Veteran's service-connected disabilities, including back disability, left foot disability, TBI, and forehead scar, are not related to his in-service motor vehicle accident due to intoxication. The MVA was found to be caused by the Veteran's own willful misconduct.

The Veteran's low back condition is granted service connection, and he is awarded a 70 percent disability rating for PTSD. His diabetes mellitus with erectile dysfunction and hypertension is granted service connection but denied an increased rating. The Veteran's bilateral lower extremity diabetic neuropathy of the sciatic nerve and femoral nerve are each granted service connection.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it is at least as likely as not related to his military service. The decision resolves reasonable doubt in favor of the Veteran.

The Board has denied service connection for bilateral hearing loss and remanded the claim for an initial evaluation greater than 10 percent for lumbosacral strain.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that the Veteran's current condition is related to an in-service injury during active duty training (ADT).,The appeal for a higher initial rating for tinnitus was dismissed due to the Veteran not timely filing his Notice of Disagreement.

The Veteran's service-connected disabilities, including back pain and hand numbness, rendered him unable to secure or follow substantially gainful employment. The Board granted a total disability rating based on individual unemployability (TDIU) from May 31, 2019.

The Board has restored the Veteran's original 40 percent rating for his lumbar spine disability, as reducing it to 20 percent was improper due to lack of evidence showing actual improvement in function.

The Veteran's service-connected conditions cause him to need the regular aid and attendance of another person to remain clean and presentable, and to protect him from the hazards and dangers incident to his daily environment. The Board has granted SMC based on the need for regular aid and attendance.

The Board dismissed the appeal regarding severance of service connection for hemorrhoids and denied entitlement to a rating in excess of 40 percent for a back disability, as well as TDIU. The Veteran's back disability does not meet the criteria for a higher rating due to lack of ankylosis. His other conditions do not prevent him from obtaining or maintaining gainful employment.

The Board has granted the Veteran's claim for service connection for lumbosacral strain, finding that it is at least as likely as not related to his in-service injury.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, a back disability, a skin disability, migraines, and a respiratory disability (including rhinitis and sinusitis) due to the need for additional examinations.

The Board denied the Veteran's claims of service connection for left wrist, right wrist, and back disabilities due to a lack of evidence linking these conditions to his military service.

The Board has decided to remand the claim of service connection for lumbosacral arthritis due to a duty to assist error. The Veteran's records, including his military history and treatment records, need to be obtained to determine if his back pain is related to service.

The Veteran's COPD is currently rated at 30 percent, which does not meet the criteria for a higher rating based on lung function tests.,The Veteran's lumbosacral strain is currently rated at 20 percent, which does not meet the criteria for a higher rating based on range of motion.

The Board has determined that additional evidence is needed to decide the Veteran's claim of service connection for intervertebral disc syndrome with degenerative arthritis of the lumbar spine, and thus remands the case.