Back / lumbar spine decisions — 2024

The Board has determined that new and relevant evidence has not been received to readjudicate the claims for service connection for traumatic brain injury, bilateral knee condition, back condition, irritable bowel syndrome, and temporomandibular joint syndrome. The claim of service connection for irritable bowel syndrome is granted. The remaining claims are remanded due to a duty to assist error.

Service connection is granted for low back disorder.,Service connection is denied for PTSD and bilateral kidney condition, upper left and right extremity neuropathy, lower left and right extremity neuropathy, as well as left and right eye conditions.,The appeal for service connection for heart condition and diabetes mellitus type II is remanded.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence.

The Veteran's degenerative arthritis of the low back is rated at 40 percent, but no higher, effective September 11, 2006.,An increased rating of 40 percent for radiculopathy of the left lower extremity from February 20, 2019 forward has been granted.,An increased rating of 40 percent for radiculopathy of the right lower extremity from February 20, 2019 forward has also been granted.

The Veteran's service-connected lumbar spine strain, degenerative joint disease, psychiatric disability (PTSD), bilateral hearing loss, and tinnitus disabilities prevent him from securing or following substantially gainful employment. The Board has granted entitlement to TDIU for the entire appeal period.

The Board has determined that the Veteran's current thoracolumbar spine disability, including spondylolisthesis with evidence of arthritis of the lumbar spine, was incurred in service and is related to military service. Service connection for this condition is granted.

The Veteran's service-connected disabilities render him unable to obtain and retain substantially gainful employment, which meets the criteria for TDIU.

The Board has remanded the claims for a bilateral foot condition, right knee disability, back disability, and acquired psychiatric disorder due to new evidence submitted by the Veteran.

The Board has remanded the case due to a failure to develop evidence needed for a TDIU claim, including information about the Veteran's educational and occupational background.

The Board has remanded several issues related to the Veteran's sciatic radiculopathy and low back disability, including rating determinations and effective date claims. The decision also includes a request for additional information regarding the qualifications of the VA examiner who provided an examination in November 2021.

The Veteran's claim for TDIU is denied as it was not factually ascertainable that he was unemployable in the year prior to September 8, 2020.

The Veteran's TDIU claim has been dismissed because his combined rating is now at 100% due to service-connected disabilities, making the TDIU claim moot.

The Board has restored service connection for right knee strain, left knee strain, and lumbosacral strain due to the severance of these conditions in previous decisions.

The Board has denied an earlier effective date for the grant of service connection for low back pain, and has remanded the issues of a rating in excess of 20 percent for low back pain, TDIU, and SMC based on need for regular aid and attendance.

The Veteran's appeals for increased ratings on lumbosacral strain, RLE radiculopathy, and LLE radiculopathy were dismissed. The Board also found that the reduction of the rating for lumbosacral strain was improper and granted restoration to a 10% rating effective April 17, 2023. Other appeals for earlier effective dates for TDIU and DEA were remanded.

The Veteran's claims for an increased rating for lumbosacral strain and TDIU are being remanded due to the need for a new medical examination.

The Veteran's appeals for service connection for sleep apnea, a low back condition, and radiculopathy of the right and left lower extremities were dismissed due to improper use of an appeal form in the AMA system.

The Veteran's appeals for service connection have been dismissed due to a procedural defect in the docketing of the claims.

The Board has determined that the claims for higher ratings and entitlement to TDIU must be remanded due to pre-decisional duty to assist errors, specifically regarding the left fibula disability. The Veteran's other left leg disabilities were examined, but not his left fibula disability.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his lumbar spine disorder, right lower extremity radiculopathy, left and right ankle disorders, and erectile dysfunction. The Veteran will be afforded new VA examinations to determine these issues.