Back / lumbar spine decisions — 2024

The Veteran's claims for service connection for a back disability and migraine headaches, to include as secondary to the back disability, have been granted due to new and relevant evidence. The cases are remanded for further adjudication.

The Board has granted service connection for a neck disability and a low back disorder, finding that the Veteran's conditions are related to her in-service injuries.

The Veteran's lumbosacral strain, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted increased ratings from February 24, 2023. However, the claims for a rating in excess of 20 percent for lumbosacral strain and entitlement to TDIU are being remanded.

The Veteran's sleep apnea, thoracolumbar spine disability, right and left ankle disabilities, right and left elbow disabilities, right and left hip disabilities, right and left knee disabilities, and cervical spine disability are being remanded for further development.

The Veteran's service-connected disabilities, including degenerative arthritis of the cervical spine, thoracolumbar spine with spinal stenosis and foraminal stenosis, and radiculopathy of the left lower extremity, rendered him unable to secure or follow substantially gainful employment starting from September 19, 2020. The Board granted a TDIU rating effective as of that date.

The Veteran's claim for service connection for bilateral hearing loss (BHL) has been dismissed as he did not submit a proper supplemental claim to reopen the previously denied claim.,An initial rating in excess of 50 percent for PTSD is denied. The Veteran's PTSD results in reduced reliability and productivity but does not manifest in occupational and social impairment with deficiencies in most areas.

The Board has remanded the case due to a procedural issue where the AOJ did not accept the Appellant's timely VA Form 20-0996 Higher Level Review request for review of the June 2020 decision. The AOJ should now conduct a higher level review.

The Board has granted service connection for low back, neck, left knee, right knee, left ankle, right ankle, right shoulder, and right arm disabilities based on their onset during service.,Service connection is also granted for TMJ dysfunction and sleep-related bruxism, but the evidence does not support a link to service.

The Veteran's right knee disability is denied as there is no evidence of an in-service injury, illness or event. The left knee, bilateral foot, and lumbar spine disabilities are granted as they are reasonably shown to be due to in-service injuries, illnesses, or events.,Bilateral hearing loss is granted based on service-connected noise exposure during active duty.

The Veteran's right knee disability is denied as there is no evidence of an in-service injury, illness or event. The left knee, bilateral foot, and lumbar spine disabilities are granted as they are reasonably shown to be due to in-service injuries, illnesses, or events.,Bilateral hearing loss is granted based on service-connected noise exposure during active duty.

The Board denied the Veteran's request for an earlier effective date of May 8, 2019, for his TDIU award due to lack of factual support for unemployability prior to that date.

The Veteran's claim for an initial compensable rating for bilateral hearing loss and service connection for a low back disability was denied. The Board found that the evidence did not support a finding of current disabilities or a causal relationship to service.

The Board dismissed the appeal for eligibility to direct payment of attorney fees based on past-due benefits awarded in a November 2020 Rating Decision as the appellant withdrew his Notice of Disagreement.

The Board dismissed the appeals for service connection of a back disability, left knee disability, right knee disability, and gastroesophageal reflux disease (GERD) due to the Veteran's withdrawal of his appeal prior to the promulgation of a decision.

The Veteran's claim for a higher rating for his low back disability and TDIU determination from November 23, 2020 to February 21, 2021 was denied. The Board found that the evidence did not meet the criteria for a higher rating or TDIU based on service-connected disabilities alone.

The Veteran is unable to obtain or maintain substantially gainful employment due to her service-connected disabilities, and the Board has granted a TDIU based on these conditions.

The Veteran's back disability is granted service connection and a 50 percent rating for his psychiatric disability prior to September 29, 2019. The appeal is denied for the period after that date.

The Board denied service connection for lumbosacral spondylosis and degenerative disc disease, but granted service connection for left shoulder arthritis (claimed as bilateral shoulder tendonitis) and right shoulder arthritis. The decision is based on direct service connection.

The Veteran's service-connected disabilities meet the schedular rating requirements for TDIU since November 14, 2022. The evidence is at least in equipoise as to whether he was unable to secure and maintain substantially gainful employment due to his service-connected conditions.

The Board has decided that the Veteran's tinnitus is service connected. The issues of service connection for GERD, a lumbar disorder, and left lower extremity radiculopathy are remanded due to procedural errors.