Back / lumbar spine decisions — 2024

The Veteran's claims for higher ratings for his low back and right knee disabilities have been denied. The Board found that the evidence did not support a rating in excess of the currently assigned ratings for these conditions during the periods specified.

The Board has denied the Veteran's claims for earlier effective dates for service connection of right foot disability and lumbar spine disability, finding that the claims were not timely filed within one year of the initial decisions.

The Board denied the Veteran's claims for service connection for a thoracolumbar spine disability and secondary service connection for her right hip ilio-inguinal bursitis (right hip disability). The evidence did not support finding that these conditions were incurred or aggravated by service.

The Veteran's tinnitus and lumbosacral strain are granted service connection, while his PTSD with cannabis abuse remains at a 70% rating. The decision also grants the Veteran's claims for these conditions.

The Board has determined that the Veteran's right and left shoulder disabilities, as well as his back disability, are related to service. The VA examinations were incomplete in their analysis of the Veteran's symptoms and diagnoses.

The Board has determined that the Veteran's claim for service connection for a back condition, including arthritis and other spinal conditions, requires additional development due to insufficient medical evidence regarding the relationship between his current symptoms and service. The case is being remanded to obtain an adequate VA examination and medical opinion addressing all back conditions reasonably raised by the record.

The Board has denied all service connection claims for various hip, knee, and back conditions as well as hypertension. The Veteran's current diagnoses do not meet the criteria for service connection due to lack of evidence showing a current disability during or immediately prior to the appeal period.

The Board has determined that the Veteran's left hip disability, including femoroacetabular impingement syndrome and degenerative disc disease status post total hip arthroplasty, likely began during his active duty training (ACDUTRA) in 2010. As a result, service connection for this condition is granted.

The Veteran is granted a clothing allowance for the year 2022 due to the use of his bilateral knee and lumbar spine braces, which caused wear and tear on his clothing.

The Veteran's service-connected disabilities, including restrictive lung disease, lumbosacral strain with degenerative arthritis, left wrist strain with degenerative arthritis, hypertension, gastroesophageal reflux disease (GERD), and residual of right ear otitis media, have rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected disabilities did not render him unemployable during the period from August 27, 2003 to August 21, 2014. The Board found that he was capable of performing sedentary work with a sit/stand accommodation.

The Veteran's claim for a higher rating for lumbar strain, left upper extremity neuropathy (ulnar nerve), and right upper extremity neuropathy (ulnar nerve) was denied. However, the Veteran received an initial rating of 20 percent for radiculopathy of the left lower extremity (femoral nerve).

The Board has dismissed the Veteran's claims for service connection due to lack of error in decision-making. The Veteran was granted service connection for low back strain and right lower extremity femoral radiculopathy, effective June 15, 2021.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective from the date of this decision.,The Veteran's right lower extremity radiculopathy was initially rated at 20 percent prior to April 2, 2019, and has been remanded for further evaluation.

The Veteran's TBI, GERD, headaches, ED, right knee arthritis, left hip strain, and right hip strain are all granted service connection.,Service connection for degenerative disc disease of the thoracolumbar spine is also granted as secondary to right knee arthritis.

The Veteran's claims for increased evaluations and effective dates are being remanded due to a duty to assist error.,The matters of an earlier effective date for TDIU and establishing basic eligibility for DEA benefits are also being remanded.

The Board has remanded the claims for service connection due to a lack of examinations and etiology opinions regarding the Veteran's back condition, right leg condition, left ankle condition, and headaches. The AOJ is instructed to obtain these examinations and opinions.

The appeal on the issue of entitlement to service connection for a left hip disability is dismissed.,The appeal on the issue of entitlement to service connection for a right hip disability is dismissed.,The appeal on the issue of entitlement to service connection for a back disability, claimed as a lower back condition is dismissed.,Entitlement to service connection for tinnitus is granted.,Entitlement to service connection for bilateral hearing loss disability is granted.,The appeals on the issues of entitlement to service connection for an acquired psychiatric disorder are remanded.

The Board has remanded the Veteran's claims for increased disability ratings for her service-connected cervical and lumbar spine disabilities due to inadequate VA examinations. The AOJ should consider separate ratings for any associated neurological conditions.

The reduction of the disability rating for spinal stenosis with disc protrusion, degenerative arthritis, and lumbosacral strain from 20 percent to 10 percent was improper as there is no sustained improvement in the Veteran's condition that would be reasonably maintained under ordinary conditions.