Back / lumbar spine decisions — 2024

The Veteran's appeals for increased ratings were denied. The Board found that the evidence did not support a higher rating than 10 percent for right ankle disability, right knee disability, left knee disability, or right and left knee instability under either pre- or post-amended criteria. A separate 10 percent rating was granted for right knee instability and left knee instability. The Veteran's back disability received an initial 40 percent rating from June 9, 2014 to March 24, 2020, but the Board denied a higher rating as of March 25, 2020. Migraines were rated at 30 percent and PTSD was not found to warrant a higher than 50 percent rating.

The Board has remanded the claims for service connection due to insufficient evidence and a need for further examination. The Veteran's headache disorder, PTSD, and lumbar spine disorder are not currently service-connected.

The Veteran's claim for increased ratings for left knee osteoarthritis and earlier effective dates for service connection are being remanded.,The initial rating for left knee osteoarthritis with limitation of flexion is denied, as the motion does not meet the criteria for a higher rating.

The Board has granted service connection for a low back disability and denied service connection for bilateral shin splints. The decision on left knee osteoarthritis is pending.

The Board has remanded the Veteran's claims for gastrointestinal, esophageal, and low back disabilities due to exposure to burn pits during service in the Persian Gulf. The claims are being remanded for additional examinations and opinions.

The Board has granted service connection for the Veteran's low back disability, which includes congenital anomaly of the thoracolumbar spine, epiphysitis, and degenerative disc disease with bilateral lower extremity radiculopathy. The issue of TDIU is remanded due to its inextricability from the grant of service connection.

The Board has determined that the Veteran's low back and bilateral knee disorders are proximately due to his service-connected disabilities, specifically obesity as an intermediate step. As such, these conditions have been granted on a secondary basis.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) effective February 26, 2019, due to his service-connected disabilities preventing him from securing and maintaining substantially gainful employment.

The Veteran's service connection claims for bilateral hearing loss, allergic rhinitis, chronic sinusitis, right hand disability, left hand disability, and low back disability are being remanded due to the need for additional examinations.

The Board has denied the Veteran's claims for service connection for low back and right shoulder conditions, as well as his claims for frostbite, right hand chronic pain, frostbite, left hand chronic pain, right hand arthritis, and left hand arthritis. The case is remanded for further development.

The Veteran's appeals seeking increased ratings for various service-connected conditions have been dismissed as the appeal was not timely filed under the Appeals Modernization Act.

The Veteran's appeals for increased disability ratings for PTSD, lower back disability, and radiculopathy were dismissed because the Notice of Disagreement (NOD) was not filed within the required 60-day period after the issuance of the Supplemental Statement of the Case (SSOC).

The Veteran withdrew his appeals for earlier effective dates and higher ratings, leaving only the TDIU appeal which was also dismissed.

The appeal for service connection of a back condition is dismissed.,The appeal for service connection of right ear hearing loss is dismissed.,The appeal for higher ratings for service-connected sarcoidosis is dismissed.

The Board has remanded the Veteran's claims for service connection for a back condition and left hip condition, both secondary to his service-connected left ankle condition. The VA will obtain new opinions from medical experts to address whether these conditions are related to service or if they are caused by his service-connected left ankle condition.

The Veteran's acquired psychiatric disorder, including depression and anxiety, is found to be at least as likely as not related to his service-connected tinnitus and left knee disabilities.,The Veteran's low back disability is found to be at least as likely as not related to his service-connected left knee disability.

The Veteran's acquired psychiatric disability, diagnosed as major depressive disorder, is granted service connection. Service connection for chronic cervical spine pain and chronic low back pain is denied.

The Board has remanded the claims of service connection for a low back disability, LLE peripheral neuropathy, and RLE peripheral neuropathy due to duty-to-assist errors. The automobile allowance claim is also remanded as it may be affected by the outcome of the service connection claims.

The Veteran's earlier effective date for a 50 percent rating for migraine headaches is granted as of February 3, 2017.,The Veteran's eligibility to Dependents' Educational Assistance (DEA) is also granted as of February 3, 2017.

The Board denied service connection for lung disability, right knee disability, left knee disability, right hand disability, back disability, eye disability, and prostate cancer. The evidence did not show a current disability or link to service.