Back / lumbar spine decisions — 2024

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.

The Veteran's service-connected psychiatric disability, abdominal scar, low back disability, left hip disability, and right hip disability have been granted increased ratings. TDIU entitlement has also been granted.

The Board has found that there are issues to be addressed regarding the reopening of a previously denied claim for service connection for lumbar spine degenerative disc disease and the entitlement to service connection for bilateral hip arthritis. The Veteran's claims have been remanded due to procedural defects in the previous decision.

The Board has remanded the Veteran's claims for groin pain, bilateral knee disorder, lumbar spine disorder, and restless leg syndrome due to additional evidence received after the transfer of his case to the Board.

The Veteran withdrew his claims for an increased rating for tinnitus and an effective date prior to June 10, 2015, for service connection for tinnitus.,The Board found new and material evidence has been presented to reopen the claim of entitlement to service connection for an acquired psychiatric disorder (including PTSD and MDD).

The Veteran's PTSD was granted an initial 70 percent rating, effective June 21, 2017. Effective dates for service connection were denied prior to the specified dates.

The Board has granted service connection for bilateral plantar fasciitis and low back disorder, finding that the Veteran's conditions are at least as likely as not related to his military service.

The Veteran's appeal for service connection of an acquired psychiatric disability was dismissed due to his withdrawal. The case is remanded for further development regarding COPD, back, neck, and right knee disabilities.

The Board has granted service connection for right and left knee disorders, diagnosed as osteoarthritis, and a low back disorder, diagnosed as degenerative disc disease, all secondary to the Veteran's service-connected bilateral hammertoe.

The Veteran's claim for total disability due to individual unemployability on an extraschedular basis prior to August 17, 1998 is being remanded as the Board did not adequately address the Ray factors in determining whether the Veteran was able to engage in substantial gainful employment solely due to his service-connected disabilities.

The Veteran's claims for increased ratings and TDIU were granted. The rating for DDD of the lumbar spine was increased to 40 percent effective November 2, 2023. Initial ratings of 40 percent were assigned for bilateral lower extremity radiculopathies (sciatic nerve) from November 2, 2023, and for femoral nerves from November 2, 2023. TDIU was granted.

The Board denied the appellant's claims for service connection for headaches, traumatic brain injury (TBI), lumbar spine, cervical spine, and left leg disability due to a lack of qualifying service. The appellant did not serve on active duty, ACDUTRA, or INACDUTRA.

The Board has remanded the case for further development regarding increased ratings for lumbar spine disability and TDIU prior to March 18, 2020. The Veteran's service-connected conditions include lumbar strain and degenerative disc disease.

The Board has denied service connection for bilateral hearing loss and obstructive sleep apnea (OSA) due to a lack of evidence showing the presence of these conditions during service or their relationship to service. The Veteran's low back disability is also remanded for further examination and opinion.,Service connection for body aches, including fibromyalgia, was not granted as there was no diagnosis of fibromyalgia found in the VA examination.

The Veteran's claims for chronic fatigue syndrome and unspecified trauma and stressor-related disorder have been granted. The heart disability claim is remanded, as are the claims for degenerative arthritis of the lumbar spine, cervical spine, right knee, left knee, and right ankle. The Veteran's gastritis with GERD claim also requires further examination.

The Board has denied service connection for a left elbow disability due to the lack of evidence linking it to service. The remaining issues are remanded and will require further examination and medical opinions.

The Veteran's claim for a higher disability rating for his lumbar spine disability prior to February 25, 2017, and in excess of 40 percent thereafter was denied. The evidence did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has found that the VA examinations and opinions provided were inadequate, and thus the appeal is being remanded for further development.

The Veteran's claims for higher ratings for his service-connected back disability and bilateral lower extremity radiculopathies were denied. The Board found that the evidence did not support a rating higher than 40 percent for the back disability, and no higher ratings for the sciatic nerve and femoral nerve radiculopathies.

The Veteran's service connection claims for migraine condition, right shoulder condition, cervical spine condition, and lumbar back condition are granted. The claim for a right calf condition is remanded.