Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for male infertility, residuals of deviated nasal septum, and low back condition due to new evidence submitted after the July 2023 rating decision. The Court granted a JMPR that found the Board erred in not considering the PACT Act and VA medical opinions.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, right and left knee conditions, and back condition due to outstanding private medical records and the need for VA examinations.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's service-connected lumbar spine disability caused him to become obese, which was a substantial factor in causing his sleep apnea. The decision also concludes that obesity would not have occurred but for the lumbar spine disability.

The Board has decided to remand the case due to incomplete service treatment records and a need for an addendum medical opinion regarding the etiology of the Veteran's lumbar spine disability.

The Veteran's appeal for increased ratings for his back disability and bilateral lower radiculopathy of the sciatic nerve has been dismissed as he withdrew the appeal through his authorized representative.

The Board has granted service connection for the Veteran's low back disability with bilateral lower extremity radiculopathy, finding that it is at least as likely as not related to his active service.

The Board has remanded the issues of entitlement to increased ratings for osteoarthritis of the lumbar spine and left knee meniscal tear, as well as entitlement to a higher rating for osteoarthritis of the left knee prior to March 18, 2024.

The Veteran's back disability is rated at 40 percent effective January 30, 2013. The issue of service connection for seizures secondary to the low back disability has been remanded.

The Veteran's hypertension is not service connected.,Obstructive sleep apnea, right forearm supination and pronation impairment, right forearm limitation of extension, and right forearm compartment syndrome with crush injury with fasciotomy are all granted as secondary to the service-connected left knee disability.

The Veteran's bone cancer, back disability, and kidney disability were not caused by or became worse as a result of VA treatment.,VA medical personnel did not cause the Veteran's additional disabilities.

The Veteran's claim for a higher rating for degenerative arthritis of the lumbar spine was denied. The Board found that there is no evidence showing functional impairment equivalent to ankylosis.,Higher staged ratings were also denied for radiculopathy of both lower extremities.

The Board denied service connection for a low back condition, finding that the Veteran's lay statements lacked credibility due to his failure to file a claim at separation or seek treatment for his back issues.,The Board also denied service connection for a bilateral hip condition, again citing the Veteran's lack of claims and treatment post-service.

The Board has granted service connection for left knee DJD, right knee DJD, lumbar spine DDD, and cervical spine DDD as aggravated by the Veteran's service-connected bilateral pes planus.

The Veteran's service-connected disabilities rendered him unemployable for the entire appeal period, and a TDIU award was granted. The issues of increased ratings for adenocarcinoma of the prostate, an initial rating in excess of 20 percent for erectile dysfunction, and a rating in excess of 50 percent for an acquired psychiatric disorder are dismissed as moot.

The Veteran's skin condition started during service and has continued since then. The Board grants service connection for this condition.,The Veteran's bilateral hearing loss is not related to his time in service, as evidenced by the lack of significant changes in hearing thresholds during service and no treatment records indicating hearing issues until decades after separation from service. Service connection is denied.,Tinnitus was first noted years after service and is linked to the Veteran's BHL. The Board denies service connection for tinnitus.,The Veteran's back condition, diagnosed as degenerative arthritis of the spine, started in 2013 and is not related to his time in service or exposure to contaminated water at Camp Lejeune. Service connection is denied.,Service connection for an acquired psychiatric disorder is remanded due to the Veteran's claims regarding memory issues and a possible TBI during service.

The Board has granted service connection for a back condition. The right and left knee conditions are remanded due to insufficient evidence regarding their relationship to the Veteran's service-connected conditions.

The Board denied the Veteran's claims for higher initial ratings for his back and right knee disabilities, finding that the evidence did not support a rating higher than 40 percent for lumbar DDD or higher than 20 percent thereafter for right knee disability.

The Veteran's claims for increased ratings for left knee, right knee, and lumbar spine disabilities are being remanded due to the need for additional development including a new VA examination.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation as of January 10, 2020. His TDIU claim is granted with an effective date of that day.

The Board has decided to remand the case due to a lack of a VA examination addressing the Veteran's claim for service connection for his back condition. The Veteran contends that his current back condition is related to his military service, but there is insufficient evidence to make a decision.