Back / lumbar spine decisions — 2024

The Veteran's radiculopathy of the right lower extremity has been granted a 40 percent disability rating, while his lumbar spine disability and left lower extremity radiculopathy have had their initial ratings denied. The Veteran also received a TDIU determination.

The Board has found that more development is necessary prior to final adjudication of the claims on appeal due to incomplete service treatment records. The Veteran's complete service treatment records have not been associated with the file, and VA must again attempt to obtain these records.

The Board denied service connection for thoracolumbar spine disability, finding the evidence did not support a claim that it was incurred or related to service.

The Board has granted the Veteran's claims for service connection for a back injury and bilateral lower extremity radiculopathy, finding that new evidence supports the claim and resolving reasonable doubt in favor of the Veteran.

The Board has determined that the Veteran's service connection claims for various orthopedic disabilities should be remanded due to a duty to assist error. The claims will now include medical opinions considering the Veteran's lay contentions about his in-service pain and duties.

The Veteran's service connection claim for degenerative joint disease and degenerative disc disease of the lumbar spine is granted as his current disability was noted in service with attributable continuity of symptomatology.

The Board has granted service connection for recurrent right ankle injury residuals including degenerative joint disease and recurrent lumbosacral spine injury residuals including mechanical low back pain and lumbosacral strain, finding that the conditions were initially manifested during active service.

The Veteran's rating for left lower extremity radiculopathy (femoral nerve) was reduced from 20% to 0%, effective November 1, 2019. The reduction is denied.,The Veteran's rating for lumbar spine fusion L4-S1 with left lower extremity intervertebral disc syndrome was reduced from 40% to 20%, effective November 1, 2019. The reduction is denied.

The Board denied effective dates prior to April 4, 2017 for service connection of various conditions and granted other benefits.

The Board has determined that the Veteran's lumbosacral strain with degenerative arthritis of the spine is related to his active service and grants service connection for this condition.

The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, leading to a TDIU effective October 22, 2019. The Board finds that the RO should have referred this claim for extraschedular consideration prior to adjudicating the pre-October 22, 2019 period on appeal.

The Veteran's service-connected back disability, radiculopathy of the bilateral lower extremities, and PTSD have been granted. The rating for PTSD has been increased to 50 percent.

The Veteran's OSA is granted, but his right hand arthritis, peripheral neuropathy of the upper and lower extremities, lumbar spine disorder, and other conditions are denied. The AOJ must obtain a proper examination for the issues not yet addressed.

The Board has granted service connection for low back degenerative disc disease, left lower extremity radiculopathy, left hip strain, and left knee degenerative arthritis with left knee strain, all secondary to the Veteran's service-connected left ankle disability.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's lumbar spine disability is granted an increased rating of 20 percent, but no higher. A separate 20 percent rating for right lower extremity radiculopathy is also granted. The maximum schedular evaluation (50%) for sinusitis is denied. Ratings in excess of 20 percent for left and right hand tremors are denied. A rating in excess of 10 percent for functional abdominal pain syndrome is denied. An initial disability rating in excess of 30 percent for unspecified trauma and stressor related disorder is also denied.

The Veteran's current headache condition is related to his service-connected hypertension and anxiety disorder, which has been granted.,The Veteran's obstructive sleep apnea is secondary to his service-connected atrial fibrillation and lower extremity disabilities, with obesity as an intermediate step, which has also been granted.

The Veteran's service connection claims for lumbar spine, left and right lower extremity radiculopathy, urinary incontinence, left knee disability, right knee disability, and erectile dysfunction are granted. The Veteran is also remanded to obtain relevant medical records prior to the AOJ decision on appeal.

The Board has denied the Veteran's claims for service connection for Alzheimer's disease, degenerative disease of the cervical spine, left knee disability, left shoulder disability, and lower back disability. The evidence does not support a finding that any of these conditions began during or are otherwise related to active service.

The Veteran's service-connected disabilities rendered him unable to secure or follow gainful employment since April 20, 2022, and the Board finds that he is entitled to a TDIU from this date.