Back / lumbar spine decisions — 2024

The Veteran's appeal for an increased rating for spondylolisthesis of the lumbar spine has been dismissed as the Veteran withdrew his appeal.

The Board has granted the Veteran's claims for service connection for lumbar degenerative disc disease, right knee degenerative arthritis, and left knee degenerative arthritis. The conditions are found to be related to service.

The Veteran was granted a TDIU from December 10, 2003 to March 24, 2007 due to his service-connected lumbar spine and bilateral lower extremity disabilities preventing him from securing and following substantially gainful employment.

The Board has granted service connection for the Veteran's lumbosacral spine disability, right knee disability, and left knee disability. The claims for these conditions are based on direct evidence of a nexus to service.

The Veteran's service-connected disabilities did not preclude him from securing and following substantially gainful employment before January 6, 2017.

The Veteran's lumbosacral spine disability was not found to warrant a higher rating prior to December 8, 2020. The case is remanded for further evaluation.

The Board has granted service connection for arthritis of the lumbar spine, finding that it is related to an in-service back injury and resolving reasonable doubt in favor of the Veteran.

The Board denied service connection for lumbar degenerative disc disease, right shoulder strain, and osteoarthritis of the right shoulder as these conditions are not shown to be related to service.

The Board has dismissed the appeal for service connection of left knee degenerative joint disease, lumbar spondylosis, and a left ankle disability due to the Veteran's death during the pendency of the appeal.

The Board has decided that the Veteran's claim for an initial disability rating in excess of 20 percent for service-connected arthritis of the lumbar spine should be remanded due to additional evidence being added to the claims file.

The Veteran's appeal for a TDIU rating prior to December 4, 2021 is denied as she was gainfully employed during this period. The issue of TDIU from December 4, 2021 to February 7, 2024 is remanded due to an inextricably intertwined pending appeal for a higher initial rating for her back disability.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation (SMC) based on aid and attendance or housebound status, as he does not require personal assistance from others and is not substantially confined to his dwelling.

The Veteran's service-connected lumbosacral strain with degenerative changes, sciatic nerve radiculopathy of the bilateral lower extremities, and femoral nerve radiculopathy of the bilateral lower extremities are all denied as they do not meet the criteria for a higher disability rating.

The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, effective April 15, 2016. The Board found that the evidence did not meet the criteria for a higher rating during any period on appeal.

The Veteran's right ankle disability, left knee disability, lumbar spine disability, and thyroid nodules are all being remanded for further development.,Specifically, the right ankle disability is being examined to determine if nerve damage exists and its relationship to other service-connected disabilities. The thyroid nodules need a medical opinion on whether they are related to service.

The Board has granted service connection for OSA secondary to bipolar disorder with major depressive disorder. The issues of lung disability and low back disability are remanded.

The Veteran's lumbar spine disabilities, including IVDS and degenerative disc disease, are rated at 20 percent. A separate 10 percent rating is granted for right lower extremity radiculopathy.

The Board has found that new and relevant evidence has not been received to readjudicate the claim of service connection for a psychiatric disorder. The Veteran's claims for increased ratings for low back, right knee, left knee, and left knee instability disorders are REMANDED.

The Veteran's service-connected disabilities, including traumatic brain injury and back pain, resulted in the need for regular aid and attendance. The Board found that SMC aid and attendance is granted based on these conditions.

The Veteran's claims for service connection and increased ratings for various conditions have been denied. The Board found that the evidence did not support a higher rating for bilateral hearing loss, and there was no service connection established for most of the claimed conditions.