Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for service connection due to insufficient information and evidence, including a need for VA examinations and opinions regarding exposure to herbicide agents.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims, including VA examinations and medical opinions regarding his service-connected conditions and any potential links to his current disabilities.

The Board has granted service connection for lumbosacral spondyloarthritis, also claimed as a back condition, finding that the Veteran's current disability is causally related to his military service.

The Veteran's claims for bilateral hearing loss and a rating in excess of 10 percent for right knee meniscal tear have been dismissed due to withdrawal by the appellant.,The Veteran's claim for service connection for a low back disability has been denied as there is no evidence linking the condition to service or post-service treatment.,The Veteran's claim for service connection for obstructive sleep apnea has been denied due to lack of in-service onset and no link to service.,The Veteran's claim for service connection for hypertension has been denied because it did not manifest during or within one year after leaving service.

The Veteran's low back strain is rated at 20 percent, and his left lower extremity radiculopathy prior to February 16, 2023, and from that date are both rated at 40 percent. The Veteran's left ankle fracture remains at a 10 percent rating, while the left ankle instability receives a separate 10 percent rating as of February 16, 2023.

The Veteran's claims for service connection for a back disorder and a separate, initial compensable rating for residuals of TBI are being remanded due to insufficient examination reports.

The appeal for service connection of an acquired psychiatric disorder, to include PTSD, is dismissed. The appeals for service connection of the Veteran's back disability, right knee disabilities, left knee disabilities, right shoulder disabilities, and left shoulder disabilities are remanded.

The Veteran's claims for increased ratings and effective dates are being remanded to obtain additional medical examinations and review of the evidence.

The Board denied service connection for a thoracolumbar spine disorder and a right shoulder disorder, finding no evidence of such conditions during or after service. The Veteran's lay assertions were not credible on the matters of diagnosis and etiology.,For his initial disability rating claim for a right wrist strain, the Board found that ankylosis was not present, thus denying a higher rating than 10 percent.

The Veteran's claim for increased ratings for DDD of the thoracolumbar spine with strain prior to January 29, 2018 and from January 29, 2018 to September 25, 2023 was denied as his disability did not meet or approximate the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case due to non-compliance with previous remand instructions and the need for a new VA opinion regarding functional loss prior to December 15, 2020.

The Veteran's claim for an increased rating of 70 percent for major depressive disorder has been granted. The claims for service connection for back condition and right lower extremity radiculopathy, as well as the increased ratings for right knee conditions, are remanded.

The Veteran's back disability is granted as service-connected due to the in-service injury and chronic symptoms. The left hip disability is denied as not related to the service-connected knee disabilities.,A separate 10 percent rating for symptomatic removal of semilunar cartilage in the left knee is granted, while a higher rating for torn meniscus status-post surgery with non-compensable scar remains denied.

The Veteran's claims for service connection have been reopened, and the Board has found new and material evidence to support reopening of his hearing loss and tinnitus claims. The claim for service connection for an acquired psychiatric disability (including PTSD and depression), right hand/finger disability, left hand/finger disability, right knee disability, left knee disability, and back disability are remanded due to insufficient evidence.

The Board has granted service connection for an acquired psychiatric disorder. The remaining issues of service connection for a thoracolumbar spine disability, left leg pain, and facial scars are remanded for further development.

The Board has determined that the Veteran's thoracolumbar and cervical spine disabilities are service-connected, with the benefit of doubt favoring the Veteran.

The Veteran's claims for increased ratings were denied as the evidence did not show an increase in severity of his lumbar radiculopathy or degenerative disc disease and IVDS prior to receipt of his September 2018 claim. The Veteran was currently rated at 20 percent for each issue.

The Veteran's thoracolumbar spine disability and lower extremity radiculopathy conditions are currently rated at 40 percent, but the Board finds no evidence of ankylosis or incapacitating episodes meeting criteria for higher ratings.

The Board has remanded the issue of entitlement to TDIU prior to April 27, 2012 due to incomplete development and referral for extraschedular consideration.

The Veteran's claims for service connection for diabetes mellitus, prostate cancer, a back condition, left knee osteoarthritis, and right knee osteoarthritis have all been denied. The Veteran's bilateral hearing loss has been granted a 70% rating from August 31, 2018 to February 10, 2020.