Back / lumbar spine decisions — 2024

The Board has determined that additional evidence was added to the record since the last decision and requires further consideration. The claims for service connection are being remanded for this purpose.

The Board has granted service connection for lower back, left knee, and right knee disabilities. The Veteran's conditions are deemed to have begun during active military service.

The Board has determined that further development is needed for the claims of increased disability rating for lumbosacral strain, service connection for right and left lower extremity disorders, and total disability due to individual unemployability (TDIU) as they are inextricably intertwined.

The Veteran's lumbar spine DDD and radiculopathy of the sciatic nerve have been granted increased ratings to 40 percent since September 20, 2010.

The Veteran's service-connected disabilities, including major depressive disorder and chronic fatigue syndrome, have resulted in a combined rating of 100 percent from January 24, 2017 to August 3, 2023. Effective August 3, 2023, the Veteran is granted a TDIU based on service-connected chronic fatigue syndrome alone.

The Veteran's sinusitis with headaches was granted a disability rating of 30 percent prior to December 6, 2022. The maximum schedular rating of 50 percent for sinusitis from December 6, 2022, has been granted. For the lumbar degenerative changes with herniated L5-S1 disc, an initial disability rating greater than 40 percent prior to January 7, 2014, was denied.

The Veteran's lumbar spine disorder has been granted a 40 percent rating from April 6, 2012 and continuing thereafter.

The Board has remanded the Veteran's claims for cervical and lumbosacral spine conditions due to inadequate medical opinions in the previous decisions. The case is now pending further development.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to the need for additional examinations and medical opinions.

The Veteran's appeal for service connection for bilateral hearing loss is denied. The Board finds the evidence does not establish current hearing loss in either ear that qualifies for purposes of service connection.,The appeals for service connection for right leg and left leg shin splints are remanded as there is no medical evidence or credible lay evidence establishing a current disability during the pendency of the claim period.,The appeal for an initial disability rating in excess of 10 percent for service-connected right ankle strain status post fracture is remanded due to conflicting information regarding functional loss and ankylosis.,The appeal for service connection for right knee gout is remanded as there are contradictory findings regarding the Veteran's ability to flex his knee during a flare-up.,The appeal for service connection for temporomandibular joint disability is remanded due to incomplete examination report and unclear reasons provided by the examiner.,The appeals for service connection for lumbar spine and cervical spine disabilities are remanded as there is insufficient evidence regarding continuity of symptoms or treatment post-service.,The appeals for service connection for right hand and left hand disabilities are remanded due to lack of a VA medical examination addressing these conditions.,The appeal for service connection for left knee disability is remanded as the VA Regional Office has not obtained an appropriate medical examination or opinion regarding this condition.

The Veteran's claims for earlier effective dates and higher ratings have been denied.,Effective dates prior to August 1, 2014 for the grants of service connection for radiculopathy in both lower extremities are not granted.

The Board has denied the Veteran's claim for service connection for TBI, and has remanded the issues of whether new and material evidence was received to reopen claims for bilateral knee patellofemoral pain syndrome, low back pain, and a liver condition.

The appeal for bilateral hearing loss is dismissed. Service connection has been granted for paroxysmal supraventricular tachycardia and fibromyalgia, both presumed to be related to service exposure in the Gulf War Theater. The back disorder and ankle disorders are remanded.

The Veteran's claim for service connection for a low back disorder has been reopened, with the new VA medical opinion confirming that the current degenerative disc disease of the lumbar spine was incurred in service.,The Veteran's claim for service connection for headaches has also been reopened, as there are STR showing complaints and treatment for headaches during service. The Board found these records to be new and material evidence.,The Veteran's claim for service connection for a left knee disorder remains denied due to lack of new and material evidence that relates the current arthritis to service.,The Veteran's claim for service connection for loss of teeth has been reopened, but no new and material evidence was found to support his contention that dental trauma occurred during service.,Service connection for GERD is granted based on objective indications of a chronic disability (gastroesophageal reflux disease) that became manifest in the Southwest Asia theater of operations during the Gulf War.

The Veteran's lumbosacral spine strain and sciatic radiculopathy of the lower extremities are granted increased ratings to 40 percent effective October 15, 2018.,Service connection for tension headaches and migraines is also granted.

The Veteran's lumbar spine condition, right hip condition, right knee condition, left knee condition and bilateral hearing loss are all being remanded for further examination and opinion.

The Board has denied service connection for headaches, a back condition, a neck condition, and a left shoulder condition. The Veteran's disabilities are not shown as chronic in service or within the applicable presumptive period, and there is no evidence of continuity of symptomatology since service.

The Board has remanded the case due to inadequate reasons or bases in its previous decision, and a more contemporaneous examination is required for the Veteran's service-connected back disability.

The Board has remanded the claims for service connection for back disability, right hip disability, and left knee disability due to incomplete verification of the Veteran's duty dates. Additional development is required to determine if these disabilities are related to active service or a period of ACDUTRA or INACDUTRA.

The Veteran's service-connected coronary artery bypass grafting with atrial fibrillation and chronic kidney disease, hypertension, low back strain, left lower extremity radiculopathy, right lower extremity radiculopathy, and bilateral hearing loss have been granted ratings. The highest possible rating of 100 percent has been assigned for the Veteran's coronary artery bypass grafting with atrial fibrillation and chronic kidney disease due to constant albuminuria with some edema; or definite decrease in kidney function; or hypertension at least 40 percent disabling under Diagnostic Code 7101. A separate 10 percent rating is granted for hypertension. The Veteran's low back strain, left lower extremity radiculopathy, and right lower extremity radiculopathy have been rated as 40 percent each, but not higher, based on limitation of motion under the General Rating Formula for Diseases and Injuries of the Spine (General Rating Formula). Bilateral hearing loss has also been granted a separate rating of 10 percent.