Back / lumbar spine decisions — 2024

The Board has granted service connection for cervical and lumbar spine conditions, finding that the Veteran's current conditions are related to her active-duty service.

The Veteran's appeals for increased ratings have been remanded due to the need for additional examinations to address functional impairment and range of motion during flare-ups and after repeated use.

The Veteran's appeal for a temporary total disability rating is dismissed because he has already been granted a TDIU based on multiple service-connected disabilities, rendering the issues moot.

The Veteran's claim for an initial rating in excess of 40 percent for degenerative arthritis of the lumbar spine is denied as there is no evidence of functional impairment equivalent to ankylosis or its functional equivalent.

The Veteran's PTSD symptoms have more nearly approximated the criteria for occupational and social impairment with deficiencies in most areas since June 5, 2020.,From June 17, 2019, multiple service-connected disabilities rendered the Veteran unable to secure and follow a substantially gainful occupation.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's low back disability, which is related to service.

The Veteran's bilateral hearing loss is granted as service-connected due to noise exposure during active duty.,The right knee disability and low back disability are remanded for further development, including obtaining a VA examination and medical opinion.,The sciatic radicular pain of the right leg is also remanded for further development, including obtaining a VA examination and medical opinion.

The Veteran's claim for service connection for low back strain was denied in the November 2012 rating decision, and it is now being readjudicated due to new evidence submitted.,The Veteran's claim for service connection for bilateral foot condition is remanded as there are duty-to-assist errors prior to the August 2019 rating decision.

The Veteran's appeal was reinstated due to the VA Form 9 being timely filed despite not receiving proper notice of the May 2018 Statement of the Case. The Board found that the representative did not receive timely notice and thus the appeal is considered valid.

The Veteran's need for regular aid and attendance is due to service-connected disabilities, leading to the grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC by reason of being housebound is dismissed as moot.

The Veteran's service-connected back and lower extremity disabilities resulted in the need for regular aid and attendance as of January 4, 2014. Effective from that date, he is entitled to special monthly compensation (SMC) based on aid and attendance.

The Board has granted service connection for bilateral sensorineural hearing loss and readjudicated the low back disability claim. The Veteran's current degenerative disc disease of the lumbar spine is found to be related to his service-connected left great toe and ankle disability.,Service connection for degenerative disc disease of the lumbar spine is granted as secondary to a service-connected condition (left great toe and ankle).

The Board has dismissed the appeals as to tinnitus, low back disability, right knee disability, and left knee disability due to the Veteran's death.

The Board has determined that the Veteran's cervical degenerative disc disease is etiologically linked to his active-duty service and grants service connection for this condition.

The Board has determined that additional examinations are needed to address the Veteran's claims for service connection due to deficiencies in previous examination reports and failure to evaluate certain disorders.

The Board has remanded the issues of entitlement to an initial compensable disability rating for lumbosacral strain with degenerative arthritis of the spine and spondylolisthesis from July 21, 1973, to February 7, 2017, and entitlement to an initial disability rating in excess of 20 percent for left lower extremity radiculopathy of the sciatic nerve associated with service-connected back disability. The remand is due to a duty-to-assist error regarding SSA records.

The Veteran's claims for service connection for a left knee disability, thoracolumbar spine disability, tinnitus, squamous cell carcinoma of the soft palate and tongue, and left shoulder osteoarthritis and impingement syndrome have been readjudicated. The claims for left knee disability and left shoulder osteoarthritis and impingement syndrome are granted, while those for thoracolumbar spine disability, tinnitus, and squamous cell carcinoma of the soft palate and tongue remain denied.

The Veteran's service connection claim for Chronic Fatigue Syndrome (CFS) has been granted due to active duty in the Southwest Asia theater of operations during the Persian Gulf War. The claims for Left Shoulder Disability, Right Pectoral Disability, and Low Back Disability are remanded for further evaluation.

The Veteran's claims for PTSD, bilateral hearing loss disability, and scars status post knee replacement were denied. The appeal was remanded for further action on the issues of service connection for low back pain and right knee degenerative arthritis.

The Board has denied service connection for the right hip, left hip, and right ankle conditions. The cervical spine condition and lumbosacral strain (low back strain) are remanded due to insufficient examination or opinion.