Back / lumbar spine decisions — 2024

The Veteran seeks initial ratings in excess of 10 percent for his lower back strain, right knee disability, and left knee disability. The Board has remanded these claims due to the need for further development.

The Veteran's claim for service connection for a back condition was denied due to lack of evidence linking the current disability to service. New and relevant evidence received after the May 2015 rating decision, including testimony from the Veteran about his in-service duties, has been presented but is not sufficient to warrant a remand for a VA examination.

The Veteran's back disability was not service connected until August 23, 2020, after his July 17, 2020, surgery. Therefore, a temporary total rating for convalescence following the surgery is denied.

The Veteran's claims for pseudofolliculitis barbae, hemorrhoids, right elbow disability, and left elbow disability have been dismissed as they were not included in the original appeal.,The Veteran's claim for an acquired psychiatric disability (claimed as insomnia) has also been dismissed. The evidence does not support a finding that this condition began during service or is related to any in-service injury or disease.

The Veteran's claim for a total disability rating based on individual unemployability prior to June 1, 2009 was denied as the percentage requirements for schedular entitlement were not met before that date. The effective date of TDIU is set at June 1, 2009.

The Board has remanded the cases due to duty-to-assist errors, including inadequate medical opinions and failure to consider toxic exposure. The Veteran's service-connected bilateral foot disability is conceded.

The Veteran's appeal for TDIU and DEA prior to July 29, 2020 was denied as the evidence did not show he was unable to secure or maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's claims for increased ratings in May 2023 were denied, and thus attorney fees are not granted from these decisions.

The Veteran's radiculopathy, sciatic (right lower) is granted with a rating of 20 percent.,The Veteran's lumbar spine degenerative arthritis and PTSD are both remanded for further development.,Service connection for posttraumatic stress disorder is also remanded.

The Veteran's service-connected disabilities, including asthma, cervical spine degenerative joint disease, bilateral knee degenerative joint disease, left ear hearing loss, and lumbar spine degenerative arthritis, prevented him from obtaining and maintaining substantially gainful employment consistent with his educational and vocational experience. The Board granted TDIU effective September 25, 2018.

The Board has decided to remand the Veteran's claim for a thoracolumbar spine disability due to errors in obtaining relevant medical records and providing an adequate nexus opinion. The Veteran will be asked to provide private records of care, and a new examination will be scheduled.

The Board has determined that the March 26, 2019 Notice of Disagreement was timely filed and serves to initiate an appeal with respect to the July 2017 rating decision denying service connection for various conditions.

The Veteran is seeking an effective date earlier than May 15, 2014 for her service-connected low back disability.,The Board finds that the presumption of regularity has been rebutted and grants an effective date of May 15, 2014.

The appeal for entitlement to service connection for right hip limitation of flexion is dismissed.,Service connection for a left ankle disability as secondary to the service-connected left tibia-fibula fracture is denied.,Service connection for a left foot disability as secondary to the service-connected left tibia-fibula fracture is denied.,The appeal for entitlement to service connection for low back disability, as secondary to the service-connected left tibia-fibula fracture is remanded.,The appeal for entitlement to service connection for left hip disability, as secondary to the service-connected left tibia-fibula fracture is remanded.

The Veteran's low back disability is currently rated at 20 percent, but the evidence does not support a higher rating.,The Veteran's testicular torsion is currently rated at noncompensable (0%), and he is already receiving maximum schedular rating for this condition.

The Veteran's claims for service connection were denied due to the lack of a valid application filed prior to February 10, 2020.,The effective date for the grant of service connection is set at February 10, 2020.

The Veteran's service-connected lumbar spine and right knee disabilities prevent him from securing or maintaining substantially gainful employment, thus meeting the criteria for a TDIU.

The Veteran's back condition is currently rated at 20 percent, and the Board has decided to remand the case for a more comprehensive evaluation to determine if his disability warrants an increased rating.

The Veteran's claims for bilateral hearing loss, back condition (claimed as tailbone injury), ear condition (claimed as eardrum injury/pain and severe ear infection right ear, otitis media), neck condition, back condition, left knee condition, and bilateral elbow injury are denied. The claim for bilateral foot fungus is granted.

The Board has determined that the Veteran's claims for service connection are remanded due to duty-to-assist errors and a need for additional medical examinations.