Back / lumbar spine decisions — 2024

The Board has granted an increased rating of 20 percent for the Veteran's low back disability, effective from November 2, 2020. The limitation of flexion is noted to be at worst 45 degrees during flare-ups.

The Veteran has withdrawn his appeals for an increased rating for degenerative arthritis of the lumbar spine and service connection for traumatic brain injury (TBI). The Board has dismissed these issues.

The Veteran's appeal for hypertension was withdrawn by the Veteran before a decision could be made. The claims of service connection for bilateral hearing loss and tinnitus were denied as there is no current diagnosis of these conditions.,The Veteran's right shoulder, left shoulder, right knee, left knee, low back disorder, and cervical spine disorder claims are remanded due to conflicting diagnoses and the need for additional medical opinions.

The Veteran's claims for service connection of a lumbar spine disorder and right ear hearing loss are being remanded due to the need for further examination and evaluation. The Veteran is also seeking an initial rating for allergic rhinitis, which has been granted.

The Board has revised the October 23, 2017 rating decision to grant an initial 40 percent disability rating for service-connected lumbosacral and thoracic strain with flare-ups, effective from July 1, 2017.

The Veteran's bilateral hearing loss and low back condition are granted service connection, but the claim for a left hip condition is remanded due to insufficient evidence.

The Veteran's allergic rhinitis is currently rated as noncompensable, but a 30 percent rating has been granted for the appeal period due to the presence of nasal polyps.,For service connection claims for lumbar spine disorder and right ear hearing loss, additional evidence may be needed to determine their etiology.

The Veteran's appeal for service connection for a back disability was dismissed due to the death of the appellant.

The Veteran's appeal for an initial rating of 30 percent for allergic rhinitis is granted. The Board finds that the Veteran's allergic rhinitis with polyps warrants a 30 percent rating.,The Veteran's claims for service connection for lumbar spine disorder and right ear hearing loss are remanded due to the need for further examination.

The Board has granted service connection for left knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected right knee disability.

The Veteran's service-connected disabilities cause him to require regular aid and attendance to keep him ordinarily clean and presentable, attend to the wants of nature, and protect him from the hazards or dangers incident to his daily environment. The Board finds that the Veteran meets the criteria for SMC A&A.

The Board has remanded the claims of service connection for left knee and back disabilities as secondary to a service-connected right knee strain due to inadequate VA medical opinions addressing the Veteran's lay statements regarding the relationship between his service-connected condition and his claimed conditions.

The Veteran's service connection claims for migraine headaches, obstructive sleep apnea, hypertension, congestive heart failure, type II diabetes mellitus, cervical spine disability, and lumbar spine disability have all been denied.,Service connection was not granted as the evidence did not establish a direct or secondary relationship between these conditions and the Veteran's service.

The Board has determined that the Veteran's low back disability is at least as likely as not related to an injury in service, granting service connection for this condition.

The Veteran withdrew their appeals regarding the right knee, left knee, and back disabilities before a decision was made.

The Board has determined that the Veteran's lumbar degenerative arthritis is related to his active duty service and grants the claim.

The Veteran's appeal has been dismissed as the Veteran withdrew their appeal prior to a decision being made.

The Board has denied service connection for pseudofolliculitis barbae (PFB) and sinusitis, but has remanded the issue of service connection for thoracolumbar spine disability secondary to service-connected bilateral knee disabilities.

The Board has granted the Veteran's appeal regarding whether a timely VA Form 9 was filed in response to the April 2020 SOC, finding that good cause exists due to the COVID-19 pandemic. The merits of the service connection claims for back disability, bilateral knee disabilities, and hearing loss will be addressed in a separate decision.

The Veteran does not meet the criteria to qualify for a specially adapted housing or home adaptation grant due to his service-connected disabilities and does not have a permanent total disability rated as 100 percent disabling.