Back / lumbar spine decisions — 2024

The Veteran's claim for an initial rating of 10 percent for DDD of the lumbar spine, residuals of fracture L-4 prior to October 21, 2009 was denied. From October 21, 2009, to February 5, 2010, a 20 percent rating was granted. The claim for a higher rating from February 5, 2010, to September 15, 2011, and from September 15, 2011, to September 27, 2011, was denied.

The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his hearing loss, back disability, TBI residuals, and neck disability. The Board finds that the current evidence does not provide sufficient information to determine if there has been a change in the severity of these conditions.

The Veteran's application to reopen the claim for service connection for a low back disability was granted. Service connection for lumbar spine degenerative arthritis and radiculopathy of the bilateral lower extremities were also granted. The claims for right and left knee disabilities are remanded.

The Veteran's headaches are rated at a 30 percent rating prior to June 27, 2018 and denied for higher ratings. The Veteran is granted a TDIU from August 24, 2022.,For the entire appeal period, the Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Veteran's lumbar spine disability is rated at 50 percent, effective November 1, 2015. His other knee and ankle disabilities remain at their current ratings.

The Veteran's lumbar spine disability is rated at 20 percent, and he was granted service connection for right and left lower extremity radiculopathy. The case has been remanded for additional development regarding the surgical scar.

The Board has determined that additional relevant VA treatment records should be obtained and considered as part of the remand process. The Veteran is advised to provide any private or federal medical records in their possession.

The Veteran's right ear tympanosclerosis and left ear tympanosclerosis are both assigned noncompensable ratings, which is the maximum rating authorized under Diagnostic Code 6211.,The Veteran's back disability is rated at 10 percent based on forward flexion greater than 60 degrees but not greater than 85 degrees. The claim for a higher rating is denied.

The Veteran's death was not due to his service-connected conditions, and the cause of death (end stage renal disease) is not related to his service. The criteria for DIC benefits were not met.

The Veteran's claims for earlier effective dates and increased ratings are being remanded due to the need for additional medical opinions regarding his service-connected bilateral knee disability.

The Board has remanded the Veteran's claims for service connection for various arthritis conditions due to insufficient reasoning in VA medical opinions and need for further development.

The Board has remanded the case for further development to obtain retrospective opinions regarding the severity of the Veteran's service-connected lumbar spine, right knee, and left knee disabilities during flare-ups and on repeated use over time at specific VA examinations.

The Board has remanded the claims for service connection due to incomplete opinion evidence regarding whether the Veteran's current back, right knee, and left knee disabilities are proximately due or aggravated by his service-connected bilateral pes planus with plantar fasciitis.

The Board has granted service connection for an acquired psychiatric disability, including PTSD and insomnia, as well as lumbosacral strain. Service connection for a sleep disability other than insomnia is denied.

The Board has remanded the Veteran's claims for service connection for hypertension, cervical spine disability, and lumbar spine disability due to incomplete opinions in the September 2023 VA examination report. The AOJ is required to obtain addendum opinions addressing whether these conditions manifested during service or are otherwise related to active service.

The Board has remanded the Veteran's claims for service connection due to missing Social Security Administration (SSA) records and outstanding VA treatment records. The AOJ is instructed to obtain these records and readjudicate the cases.

The Veteran's low back disability was initially rated as 10 percent disabling prior to September 21, 2015. The RO granted a 20 percent rating effective from September 21, 2015.,For the period from January 31, 2013 to August 28, 2017, the Veteran's right leg radiculopathy was rated as 10 percent disabling. From August 28, 2017 onwards, it was rated as 20 percent disabling.,For the period from December 2, 2013 to August 28, 2017, the Veteran's left leg radiculopathy was rated as 10 percent disabling. From August 28, 2017 onwards, it was rated as 20 percent disabling.,The Board denied entitlement to a TDIU prior to August 23, 2016.

The Board has granted service connection for degenerative changes of the thoracolumbar spine and cervical spine disability, finding that these conditions began during active service.

The Board has granted service connection for the Veteran's deviated septum, low back disability, bilateral lower extremity radiculopathy, right knee disability, and left knee disability. The claims are all considered well grounded.

The Veteran's service-connected disabilities, including PTSD, CFS, and lumbar strain, have resulted in an inability to obtain or maintain substantially gainful employment since May 29, 2018. The Board has granted a total disability rating based on individual unemployability (TDIU) from that date.