Back / lumbar spine decisions — 2024

The Veteran's appeals for increased ratings for intervertebral disc syndrome of the lumbar spine and left lower extremity lumbar radiculopathy have been dismissed due to the Veteran's request for withdrawal.

The Veteran was granted a TDIU from March 5, 2023, to August 3, 2023, due to his service-connected disabilities including ischemic heart disease and lumbosacral strain. The Board found that the Veteran's disabilities rendered him unable to secure or follow substantially gainful employment.

The Veteran's claims for earlier effective dates for service connection of GERD, lumbosacral strain, right, knee strain, and tinnitus are denied.,The Veteran's claim for an increased disability rating prior to September 8, 2018, for benign prostatic hypertrophy (BPH) is also denied.

The appeals for increased ratings for PTSD and degenerative disc disease with arthritis have been dismissed due to the Veteran's death.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been denied. The Board found that the evidence did not meet the criteria for a current disability under VA standards.,For the low back disorder, big toe disorder, bilateral lower extremity disorder, and acquired psychiatric disorder (mood disorder), the case is remanded as there are issues with service connection.

The Veteran's degenerative arthritis of the spine with thoracic and lumbar strain is currently rated at 20 percent, but does not meet the criteria for a higher rating as his range of motion is sufficient to warrant a higher rating.

The Board has decided to remand the Veteran's claim for a low back disability, as there are issues with the adequacy of the VA examination and a need for further medical opinion regarding service connection.

The Board has denied service connection for a left hand disability, right ear hearing loss, and several other conditions. The Veteran's claims for increased ratings have also been denied.

The Board has granted service connection for the Veteran's low back condition, left and right lower extremity sciatic nerve conditions, bilateral foot conditions, and bilateral knee conditions. The issues of service connection for a sinus condition and bilateral hearing loss have been withdrawn by the Veteran.

The Board has granted service connection for the Veteran's low back disability. The claims for secondary service connection for right and left lower extremity radiculopathy associated with the low back disability are remanded due to a lack of opinion regarding these issues.

The Board has determined that there are pre-decisional errors in the duty to assist and remands the case for further action, including obtaining signed informed consent forms and a new medical opinion.

The Board has remanded the case due to errors in duty to assist and for additional medical opinions regarding service connection.

The Veteran's appeal is remanded due to the need for further evaluation and determination of service connection for kidney stones, which were not addressed in the original decision.

The Board has remanded the case due to errors in obtaining necessary medical records and verifying service dates. The Veteran's low back disability is being reviewed for service connection.

An effective date of March 16, 2007 for the grant of service connection for migraine headaches is granted.,Effective dates of February 24, 2009 and February 19, 2009 are granted for the grants of service connection for lumbar radiculopathy involving the femoral nerve in both lower extremities.

The Board has remanded the service connection claims for migraine headache, left wrist, right wrist, and right knee disabilities due to insufficient evidence. The Veteran's back disability claim is denied as there is no evidence of a current disability or in-service injury.,The compensable rating claim for acne remains denied as the evidence does not meet the criteria for a 10% or higher rating.

The Veteran's claim for service connection and TDIU was granted, with effective dates of September 8, 2010 for the low back disability and October 3, 2014 for TDIU.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection due to duty assist errors. The issues of antecedent granulomatous disease, lumbar and thoracic spondylosis and strain, left knee degenerative joint disease, right knee degenerative joint disease, tremors, left lower extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and right upper extremity peripheral neuropathy are all remanded for further development.

The Board has granted service connection for lumbar and cervical spine disabilities, but the AOJ must implement the initial ratings of these conditions. The AOJ is also remanded to schedule a VA examination to assess eligibility for special monthly compensation (SMC) based on housebound status due to service-connected disabilities.

The Board denied service connection for a right knee disability, back disability, diabetes mellitus type II, hypertension, and bilateral cataracts.,There is no evidence of any in-service injury or disease related to the claimed conditions.