Back / lumbar spine decisions — 2024

The Veteran's appeals for increased disability ratings and TDIU are remanded due to inadequate examination reports and incomplete information regarding the extent of his back pain and limitations prior to September 15, 2020. The right knee disability is also being remanded for an addendum medical opinion.

The appeal for a disability rating in excess of 10 percent for chronic bronchitis has been withdrawn and is dismissed.,New and material evidence having been received, the appeals to reopen claims for entitlement to service connection for low back disability and headaches are granted. The issues of service connection for these conditions remain remanded due to new exposure basis under PACT Act.,The appeal for a compensable rating for left shin splints is remanded.

The Veteran's claim for an effective date prior to May 30, 2018 for the grant of service connection for PTSD is denied.,The Veteran's claim for an effective date prior to May 30, 2018 for a higher rating for back disability is denied.,The Veteran's claims for effective dates prior to May 30, 2018 for bilateral hip limitation of flexion and right ankle disability are denied.,The Veteran's claim for an effective date prior to May 30, 2018 for a higher rating for left hip limitation of flexion is denied.,The Veteran's claim for an effective date prior to February 12, 2015 for special monthly compensation (SMC) based on housebound criteria is denied.,The Veteran's claim for service connection for hypertension under the PACT Act presumption of service connection is granted.,The Veteran's claim for TDIU is denied.

The Veteran's claim for higher ratings for cervical spine disability and associated radiculopathy was denied. The Board found that the Veteran's cervical spine disability did not meet or approximate the criteria for a rating higher than 10 percent, while his upper extremity radiculopathy was rated as mild prior to January 31, 2023.

The Board has granted service connection for the Veteran's back disability, neck disability, headaches, right upper extremity numbness, and left upper extremity numbness. The issues of service connection for these conditions are now resolved.

The Veteran's death was caused by a toxic level of medication, and the Board is remanding to obtain medical records and provide an opinion on whether his service-connected disabilities or medications contributed to his death.

The Veteran's TDIU and SMC based on housebound status are granted due to his service-connected disabilities, including diabetes, peripheral neuropathy, PTSD, and other conditions.

The Veteran's claim for higher evaluations for his service-connected cervical spine and lumbar spine disabilities has been denied. The highest possible rating of 20 percent for the cervical spine was granted effective January 6, 2021.,For the period prior to January 6, 2021, the Veteran's degenerative disc disease of the cervical spine did not meet the criteria for a higher evaluation as it did not result in forward flexion limited to 15 degrees or less. For the period beginning January 6, 2021, the disability was rated at 20 percent.

The Board denied the Veteran's claim for service connection for a low back condition, finding no evidence of an in-service injury or incident that could be linked to her current disability.,The Board also remanded several issues related to heart conditions and associated symptoms such as shortness of breath and chest pain. The primary issue is whether these conditions are related to the Veteran's service.

The Veteran's claim for service connection for residuals of a traumatic brain injury has been reopened and granted.,Service connection is also granted for bilateral lower extremity radiculopathy (femoral nerve) due to the in-service motor vehicle accident, but with an earlier effective date denied.,Service connection is also granted for a lumbar spine condition due to the in-service motor vehicle accident, but with an earlier effective date denied.

The Board has dismissed the Veteran's appeals for service connection and rating issues related to his bilateral hip disability, hypertension, and lumbar spine disability. The effective date of a 40 percent rating for the lumbar spine disability is set at May 3, 2018.

The Veteran's claims for higher ratings and effective dates have been denied. The current disability rating of 40 percent for the back disability is maintained.,Higher ratings for left leg radiculopathy and right lower extremity radiculopathy with restless leg syndrome are also denied.

The Veteran's appeal was granted, with a separate rating of 10 percent for a painful right-hand scar from February 1, 2011, to his death in November 2021. Other issues were remanded.

The Board has denied service connection for left ear hearing loss disability due to the absence of a current disability as defined by VA regulation. The remaining issues are being remanded for additional development and readjudication.

The Board has decided to remand the case due to incomplete records, specifically hospital treatment records from Karshi-Khanabad Hospital in Uzbekistan. The Veteran's claim for service connection for a low back disability is being returned to the RO for further development.

The Veteran's initial rating for lumbosacral strain with degenerative joint disease prior to December 19, 2019 was denied as his disability did not meet the criteria for a higher rating.,The Veteran's initial rating for lumbosacral strain with degenerative joint disease from December 19, 2019 was also denied due to lack of evidence showing it met the criteria for a higher rating.,Right lower extremity radiculopathy (sciatic nerve) was not granted an increased rating as there was no evidence that it manifested more than mild incomplete paralysis.

The Board has remanded three issues related to the Veteran's back condition, right hip tendonitis, and right hip iliopsoas tendonitis due to outstanding VA treatment records and private or federal treatment records not yet associated with the claims file.

The Board has granted service connection for the Veteran's lumbar spine condition and associated radiculopathies, finding that the onset of these conditions coincided with his active-duty service.

The Board has denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, finding that these conditions are not secondary to his service-connected bilateral pes cavus.

The Veteran's back disorder is currently rated at 40% effective October 16, 2020. Prior to this date, the rating was 20%. The Board found that his disability did not warrant a higher rating prior to October 16, 2020.