Back / lumbar spine decisions — 2024

The Veteran became unemployable due to service-connected disabilities, specifically major depressive disorder and lumbosacral strain, on June 19, 2019. The effective date for the award of Total Disability due to Individual Unemployability (TDIU) is granted as of that date.

The Veteran's appeal is remanded due to issues with service connection for depression and increased ratings for his low back, right knee, and left knee disabilities. The case will be further reviewed by the Board.

The Board has dismissed the appeal as there is no justiciable case or controversy regarding the issue of reconsideration of a previous denial of service connection for a low back disability.

The Veteran's left hip disability is currently rated at 10 percent for limitation of extension and flexion, but not more than this.,The Veteran's bilateral knee disabilities are both rated at 10 percent.,The Veteran's thoracolumbar spine degenerative arthritis is also rated at 10 percent.

The Veteran's appeal of his claims for service connection for various conditions was dismissed because the Notice of Disagreement (NOD) was filed more than a year after the most recent decision denying those claims.

The Veteran's tinnitus was granted service connection as it is found to be due to noise exposure in service. The low back and GERD disabilities are remanded for further development.

The Veteran's claims for higher ratings for tinnitus, service connection for an acquired psychiatric disability (including depression, PTSD, and insomnia), a back disability, and a right shoulder disability are remanded due to the need for additional examinations.

The Board has determined that the Veteran's claims for service connection for diabetes mellitus, hypertension, and lumbar degenerative disc with spondylosis require additional development due to a pre-decisional duty to assist error. The claims are being remanded for further action.

The Veteran's low back condition is rated at 40% disabling, which represents an increase from the original rating of 10%. The appeal for a higher rating has been denied.

The Board has denied the Veteran's claims for service connection for left hand pain, right hand pain, and low back condition due to lack of current disability and insufficient evidence linking these conditions to his military service.

The Veteran's left knee osteoarthritis and cervical degenerative disc disease are granted as service-connected.,Hyperlipidemia is granted as secondary to major depressive disorder. Lipomas of the chest and right middle back, and interstitial lung disease (claimed as asbestosis) are denied.

The Veteran's claim for an earlier effective date and increased rating for lumbosacral strain was denied. The Board found that the earliest effective date for a 10% rating is February 26, 2020, as this is when the Veteran submitted his intent to file a new claim.

The Veteran's service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, lower back DDD, and CVA with mild left sided weakness, rendered him unable to secure or follow a substantially gainful occupation from September 24, 2013. His TDIU claim is granted.

The Board dismissed the appeal because the appellant's authorized representative requested to withdraw the appeal.

The Veteran's service-connected disabilities, including psychiatric disability, reactive airway disease, and various musculoskeletal conditions, combine to a 70 percent rating. The Board finds that the Veteran is unable to secure or maintain substantially gainful employment due to his service-connected disabilities, with all reasonable doubt resolved in favor of the Veteran.

The Board has granted service connection for a right knee disorder as secondary to the Veteran's service-connected left knee disability. The other issues on appeal have been remanded.

The Board has determined that the Veteran's neck disability, acquired psychiatric disability (to include insomnia), bilateral foot disability, and back disability are not service-connected. The stomach disability is remanded due to potential exposure at Camp Lejeune.,Service connection for a stomach disability is remanded as there is evidence of participation in a toxic exposure risk activity (TERA) during service.

The Veteran withdrew his appeal before a decision was made, so the case is dismissed.

The Board has denied the Veteran's claim for service connection for lumbosacral strain, claimed as back condition. The Board has also remanded the issue of service connection for skin condition of the feet, to include tinea pedis and athlete's foot, claimed as fungus in feet, leg.

The Board has decided to remand the case due to a duty-to-assist error and needs to obtain additional Department of Defense treatment records.