Back / lumbar spine decisions — 2024

The appeal for service connection for tinnitus is dismissed. Service connection for bilateral hearing loss, allergic rhinitis, sinusitis, asthma, headaches, and an acquired psychiatric disorder (to include anxiety and depression) are remanded.

The Veteran's intervertebral disc syndrome of the thoracolumbar spine is now rated at 40 percent, effective from May 28, 2018. The Veteran's PTSD symptoms are now rated at 100 percent, also effective from May 28, 2018.

The Board has remanded the claims for service connection due to inadequate VA opinions and a need for further examination.

The Veteran's appeals for increased disability ratings for his service-connected back disability and radiculopathies of the lower extremities have been dismissed due to a withdrawal request by the Veteran's attorney.

The Board has remanded the Veteran's claims for service connection due to a duty to assist error, specifically in obtaining SSA records and service treatment records. The Veteran is also being asked to undergo VA examinations to determine the nature and etiology of his claimed conditions.

The Veteran's claims for service connection for right shoulder, left shoulder, cervical spine, and lumbar spine disabilities are remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Veteran's claims for an increased evaluation of her lumbosacral strain and service connection for radiculopathy are remanded due to inadequate VA examination reports. The Board finds duty to assist errors in the pre-decisional evidence.

The Veteran's initial claim for a respiratory disability, thoracolumbar DJD, and bilateral lower extremity radiculopathy has been granted. The Veteran is now entitled to a 10 percent rating for his restrictive lung disease, a 20 percent rating prior to September 5, 2020, and an initial 40 percent rating from November 24, 2015, to September 5, 2020, for his thoracolumbar DJD. He is also entitled to separate 10 percent ratings for right lower extremity radiculopathy prior to November 24, 2015, and an initial 40 percent rating from that date to September 5, 2020, and a greater than 40 percent rating thereafter. The Veteran is not entitled to higher ratings for his left lower extremity radiculopathy.

The Board has remanded the case due to an inadequate medical opinion regarding whether the Veteran's back disorder is aggravated by service. The Veteran must be provided with a new medical opinion addressing if the pre-existing congenital disease worsened during his military service.

The Veteran's service-connected disabilities have not precluded substantially gainful employment, and he has not been in receipt of a total rating or identified a permanent and total disability. The Board denied the TDIU and permanent and total evaluation claims as the evidence did not show that his service-connected disabilities alone were sufficient to produce unemployability.

The Board has granted service connection for the Veteran's thoracolumbar spine condition, left and right lower extremity lumbar radiculopathy, finding that these conditions are related to his in-service injuries and secondary to his service-connected back disability.

The Board has granted service connection for lumbar spine DDD, secondary to left knee patellofemoral syndrome. The decision is based on the Veteran's claim of a causal relationship between his service-connected left knee condition and his current lumbar spine disability.

The Board has granted service connection for a back disorder and LLE radiculopathy, finding that the Veteran's conditions are aggravated by his service-connected foot disorders. The TDIU issue is also remanded.

The Board has decided to remand the case due to errors in calculating the overpayment of VA pension, specifically regarding the dates when the Veteran and his wife were living together. The AOJ needs to re-evaluate the calculation of the debt with consideration of the statements made by both the Veteran and the appellant.

The Veteran's tinnitus and bilateral hearing loss claims are denied as there is no evidence of a current disability or in-service incurrence.,The Veteran's back disorder claim is remanded for further examination and opinion due to the absence of an adequate VA examination prior to the rating decision.

The Board has denied service connection for PTSD, liver disorder, cold injury residuals including of the feet, legs, and knees, bilateral elbow disabilities, bilateral knee disabilities, bilateral hip disabilities, and back disability. The Veteran's claims were not supported by current diagnoses or a causal link to his military service.

The Board dismissed the Veteran's claim for an earlier effective date for service connection of lumbar spine disability because it was not timely appealed and is final.

The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) was denied. The effective date of the increased rating from April 30, 2018, to August 15, 2019, is also denied. The Veteran's claim for TDIU was denied.

The Board has determined that the August 2019 VA examination report is inadequate and a new examination is needed. The issues of entitlement to an increased evaluation for service-connected low back disability and entitlement to TDIU are remanded due to duty-to-assist errors.

The Veteran's left lower extremity radiculopathy prior to March 15, 2022 is not rated higher than 10 percent.,The Veteran's left lower extremity radiculopathy after March 15, 2022 is not rated higher than 20 percent.,Prior to January 1, 2021, the Veteran's lumbar spine stenosis associated with post operative residuals of removal of medial cartilage right knee, to include degenerative arthritis, status post total knee arthroplasty is rated at 100 percent.,After January 1, 2021, the Veteran's lumbar spine stenosis associated with post operative residuals of removal of medial cartilage right knee, to include degenerative arthritis, status post total knee arthroplasty is rated at 20 percent.