Back / lumbar spine decisions — 2024

The Veteran's low back disability is granted service connection, tinnitus claim is denied, and the psychiatric disorder claim is remanded for further evaluation.

The Board has determined that the Veteran's hypertension did not manifest during service or within one year of separation, and is not shown to be causally related to an in-service event. Service connection for hypertension is denied.,The Board found a pre-decisional duty to assist error regarding the low back disability, as the October 2018 VA examiner's opinion did not address the effect of service-connected pneumonia on the Veteran's asthma. The case is remanded for further examination and opinion.,Regarding the respiratory disorder, the Board noted that there was a pre-decisional duty to assist error in the December 2018 VA examiner's opinion, which did not address the role of service-connected pneumonia in the manifestation of the Veteran's asthma. The case is also remanded for further examination and opinion.

The Veteran's right lower extremity radiculopathy is currently rated at 40 percent disabling, effective May 19, 2021. The appeal for a higher rating remains pending.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and he is granted entitlement to a TDIU. The increased ratings for lumbosacral strain and right knee tendonitis are denied.

The Board has granted the Veteran's petition to readjudicate her service connection claim for a chronic lumbar spine condition, finding that new and relevant evidence supports reopening of the claim. The Board also found that the Veteran's back injury during basic training is related to her current condition.

The Veteran's service-connected back, neck, left shoulder, right knee, and left knee disabilities have been granted increased ratings from August 16, 2018. The highest rating of 40 percent has been granted for thoracolumbar strain with degenerative disc disease.

The Veteran's appeal for a rating reduction from 40 percent to 10 percent for lumbosacral strain was dismissed due to the filing of the Notice of Disagreement being premature and the proposed reduction not going into effect.

The Veteran was granted service connection for a low back disability and assigned a 40 percent rating effective June 2, 2008.,Effective June 2, 2008, the Veteran also received ratings for right and left lower extremity radiculopathy associated with his low back disability.

The Veteran's appeals for earlier effective dates for increased ratings on several service-connected conditions are dismissed as the claims were filed under a legacy system and not the AMA.

The Board denied the Veteran's claims of service connection for a low back disorder and right knee disorder as caused by his service-connected left knee disability due to lack of new and relevant evidence.

The Veteran's appeals for increased evaluations of his service-connected asthma and lumbar spine disability have been dismissed as the Veteran withdrew his appeal in a written statement.

The Veteran has withdrawn his appeals for increased ratings and effective dates, as well as service connection claims related to sciatica, degenerative disc disease, adjustment disorder, right shoulder impingement syndrome, and heart condition secondary to weight gain.

The Veteran's claims for service connection for low back disability, right knee disability, and left knee disability are remanded due to inadequate VA examinations. The Board finds the February 2019 and July 2019 VA examinations insufficient and requires additional evaluations.

The Veteran's cervical spine degenerative disc disease and radiculopathy are currently rated at the maximum allowed, and no higher rating is warranted.,The Veteran's left upper extremity radiculopathy is also rated at the maximum allowed, and no higher rating is warranted.

The Veteran's claims for increased ratings of her service-connected back disability and bilateral lower extremity radiculopathy have been denied. The current ratings are higher than the requested increases.

The Veteran's claim for individual unemployability was granted from October 1, 2011. The effective date is set at this time as the evidence shows he was unable to secure and follow a substantially gainful employment due to his service-connected disabilities.

The Board has granted service connection for low back disability and tinnitus.,Secondary service connection claims for left upper extremity and right upper extremity disabilities are remanded.

The Veteran's claim for service connection for degenerative arthritis of the lumbar spine has been granted.,Claims for service connection for right hip strain with osteoarthritis and left hip strain with osteoarthritis have been remanded due to insufficient evidence.

The Veteran's lumbosacral spine disorder is granted service connection. The cervical spine condition is remanded for further evaluation.

The Board has determined that the Veteran's claims for service connection related to right and left knee disabilities, as well as back and neck disabilities, require further examination and analysis due to pre-decisional errors in obtaining adequate medical opinions. The claims are being remanded to allow for these issues to be addressed.