Back / lumbar spine decisions — 2024

The Board has granted service connection for thoracolumbar spine degenerative arthritis and left knee osteoarthritis, finding that the Veteran's current diagnoses are causally linked to her military service.

The Veteran's lumbar spine disability is granted an increased rating of 20 percent from August 7, 2014. The right knee disability is also granted a higher rating of 60 percent from the same date.

The Board has remanded the Veteran's claims for a higher rating for his low back disability and service connection for sleep apnea due to inconsistencies in findings regarding intervertebral disc syndrome (IVDS) and incomplete verification of periods of active duty training.

The Board has remanded the Veteran's claims for service connection for a low back disorder and left and right lower extremity neurological disorder (claimed as numbness and tingling in feet), to include as secondary to a low back disorder due to additional development being necessary.

The Board has granted service connection for low back and left knee disabilities, finding that these conditions are secondary to the Veteran's service-connected pes planus and right knee disability. The opinion provided by a private physician supports this conclusion.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine and bilateral elbow disabilities due to new evidence presented at his hearing.

The Board has vacated the July 20, 2022 decision that granted an effective date of August 10, 2010 for a TDIU because it did not consider the pre-August 10, 2010 time period. The case is remanded to determine if earlier effective dates are warranted.

The Veteran's left knee disability was granted service connection, while other claims for various disabilities were remanded for further development.

The Veteran's claims for service connection for lumbar spine condition, left lower extremity radiculopathy, and gastrointestinal disability have been granted. The claim for right lower extremity radiculopathy as secondary to lumbar spine condition and the claim for sleep apnea as secondary to non-allergic rhinitis are remanded.

The Veteran's low back scar, which is painful, has been granted an initial disability rating of 10 percent.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the nature and etiology of his claimed conditions, particularly in relation to his military service. The Veteran is required to undergo additional medical examinations to address these issues.

The Veteran's appeals for increased ratings and TDIU have been dismissed as the Veteran withdrew his appeal in writing.

The Veteran's appeal is remanded for further examination and consideration due to inadequate previous examinations.

The Board has dismissed the Veteran's appeals regarding service connection for various conditions, including right upper extremity radiculopathy, left upper extremity radiculopathy, lumbar spine disability, left wrist disability, and right knee disability. The Veteran was previously granted service connection for these conditions in prior rating decisions.

The Board has remanded the cases for further development and consideration due to new evidence received after the June 2020 SOC.

The Veteran's low back disability, including IVDS, has not shown incapacitating episodes or ankylosis that would warrant a higher rating. The current 40 percent rating is appropriate as of December 16, 2022.

The Veteran's service-connected disabilities rendered him unable to secure and maintain a substantially gainful occupation from October 20, 2009, to December 31, 2011, and from January 1, 2013, to October 1, 2019. The Board affords the Veteran the benefit of doubt in finding that his service-connected disabilities alone resulted in unemployability during these periods.

Effective October 1, 2016, the Veteran's claims for lumbar degenerative disc disease (DDD), left knee osteoarthritis, right knee patellofemoral pain syndrome, tinnitus, and right wrist ganglion cyst have been granted.,The effective date of service connection for traumatic brain injury with photophobia and cognitive deficits with posttraumatic stress disorder, posttraumatic headaches, and a right ankle condition is July 29, 2018.

The Board has determined that additional evidence was submitted and the Veteran did not waive AOJ review. The claims for service connection are being remanded to allow for consideration of this new evidence.

The Board has remanded the cases of service connection for a low back disability and hypertension, finding that the VA examinations were inadequate. The case is now to be reviewed with new medical opinions.