Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for cervical spine and low back disabilities, finding that a new VA examination is needed to determine if these conditions are secondary to his service-connected common headaches, bilateral shoulder glenohumeral joint osteoarthritis, and/or bilateral flatfeet.

The Board denied service connection for asthma, COPD, lumbosacral strain (back injury), sleep apnea, tendonitis of the left ankle, and tendonitis of the right ankle. The claim for flat feet was reopened but not granted.

The Board has determined that the Veteran's chronic low back pain syndrome is service-connected, as it began during his active duty and continues to this day.

The Veteran's claims for increased ratings for DJD of the lumbar spine and right lower extremity radiculopathy are remanded due to inadequate VA examinations and incomplete medical records.

The Veteran's service-connected degenerative arthritis of the lumbar spine and IVDS was initially rated at 20 percent, but he seeks a higher rating. The RO failed to obtain a contemporaneous VA examination prior to assigning this rating, which constitutes a duty-to-assist error.

The Board dismissed the appeals for diabetes mellitus, type II, emphysema, erectile dysfunction, hypertension, lumbar stenosis and disc herniation with radiculopathy, and PTSD as untimely filed.

The Board denied the Veteran's claims for increased ratings for his service-connected lumbosacral strain, degenerative arthritis of the spine, and lumbar spine degenerative disc disease. The Board granted a disability rating of 20 percent for bilateral lower extremity radiculopathy.

The Veteran's rating for thoracolumbar DDD and DJD was reduced from 60% to 40%, effective July 1, 2020. The Board has restored the 40% rating based on evidence showing improvement in his condition.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's lumbar spine disability, specifically whether it is related to service or secondary to his service-connected bilateral ankle disabilities.

The Veteran's lumbar spine disability is currently rated at 10 percent, but does not meet the criteria for a higher rating based on the current evidence.,The Veteran's right knee disability is currently rated at 10 percent, and does not meet the criteria for a higher rating based on the current evidence.,The Veteran's right ankle disability has not been manifested by marked limitation of motion.

The Board denied the Veteran's appeals for earlier effective dates for TDIU and DEA eligibility, stating that service connection was not established prior to April 29, 2010, and therefore, no earlier effective date could be assigned.

Service connection for tinnitus is granted.,Service connection for bilateral hearing loss is denied.,Service connection for thoracolumbar spine disability is denied.,Service connection for sleep apnea is denied.,Service connection for nerve damage/right lower extremity radiculopathy is denied.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to January 31, 2020. The Board denied the claim for TDIU as his employment as a VA police officer was considered substantial gainful employment.

The Veteran's appeal for a compensable rating for bilateral hearing loss is denied. The Board has remanded several issues including service connection for various disabilities due to missing STRs and incomplete VA treatment records.

The Veteran's appeal is remanded for additional examinations to address the severity of his lumbar spine and right hip disabilities, as well as for clarification on conflicting findings regarding ankylosis. The TDIU claim is also remanded.

The Board has granted service connection for low back disability, left and right lower extremity radiculopathy, all secondary to the Veteran's service-connected low back condition.

The Veteran's claim for increased ratings for his service-connected lumbosacral strain is remanded due to the need for a VA examination to assess the current severity of his disability during the periods on appeal.

The Veteran's initial rating for his back disability, right knee disabilities (including right lower extremity radiculopathy), and left knee disabilities have been denied. The appeals are based on the severity of these conditions without any indication of service connection through a presumption or secondary theory.

The Veteran's neck and upper back disabilities, as well as her left upper extremity radiculopathy, are granted service connection.,However, the Veteran's right upper extremity radiculopathy, left lower extremity radiculopathy, right lower extremity radiculopathy, and right shoulder condition do not meet the criteria for service connection.

The Board has remanded the cases for additional development due to insufficient evidence regarding the etiology of the Veteran's claimed disabilities, particularly in relation to service connection.