Back / lumbar spine decisions — 2024

The Veteran's chronic headaches / migraines are found to have begun during service and persist since separation. Service connection is granted for this condition. The thoracic, lumbar, and/or sacral spine conditions, right knee condition, and left knee condition are remanded due to insufficient evidence.

The Board has remanded the claim for further development due to inadequate consideration of the Veteran's lay statements regarding his range of motion and pain. The VA examiner must provide an opinion on whether the Veteran's limitations in range of motion amount to functional equivalent of ankylosis.

The Veteran's lumbar spine disability is rated at 40 percent, effective April 9, 2019. The Board has remanded the issue of a higher rating for further examination.,Service connection is granted for bilateral knee disabilities.

The Veteran's claims for earlier effective dates and initial ratings have been denied. The Board found that the evidence did not meet the criteria for higher ratings or earlier effective dates.

The Veteran's claims for increased ratings for degenerative arthritis of the lumbar spine and IVDS have been denied. The claim for TDIU has also been dismissed as moot.

The Board has remanded the cases for new VA opinions regarding the nature and etiology of the appellant's osteoporosis and lumbar spine disability. The claims are to be readjudicated following receipt of these opinions.

The Veteran's low back disorder and radiculopathy were granted increased ratings, with the low back disorder receiving a 20 percent rating from August 24, 2012, to July 13, 2023, and a 40 percent rating since July 14, 2023. The Veteran's right lower extremity radiculopathy received a 20 percent rating since January 22, 2014, and the left lower extremity radiculopathy received a 20 percent rating since January 22, 2014.

The Board denied service connection for psychiatric, lower back, CAD, hypertension, right leg, and left leg conditions due to lack of evidence of a current disability or a link between the claimed conditions and service.

The Board denied the Veteran's claim of service connection for a low back disability, concluding that his current condition did not begin during active service and was not related to an in-service injury or disease.

The Veteran's claim for service connection for low back pain is reopened, and he is granted service connection. The right ankle disability rating is denied, and the PTSD rating remains at 30%. The case is remanded for further review.

The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain with degenerative disc disease was denied. The appeal is not about service connection at all, as the disability is decided on its merits.

The Board has determined that the Veteran's degenerative disc disease is at least as likely as not aggravated by service, and thus grants service connection for this condition.

The Veteran is granted a TDIU and SMC based on housebound status from August 19, 2019 due to his service-connected anxiety with depression associated with degenerative disc disease.

The Veteran's claims for service connection and increased ratings have been remanded by the Board. The effective date of service connection for bilateral foot disabilities is set at May 1, 2017. The rating for bilateral pes planus has been granted from May 1, 2017 to December 10, 2021 and since then remains denied. A separate rating evaluation of 10 percent for bilateral plantar fasciitis is granted effective February 7, 2021. The Veteran's claims for service connection for acquired psychiatric disability, arthritis of the left knee, arthritis of the right knee, low back condition, and TDIU are also remanded.

The Board has remanded the appeal due to insufficient efforts in obtaining medical records, particularly those from overseas during the Veteran's service and post-service care. The RO is instructed to make formal findings regarding these efforts.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and clarification of his conditions.

The Board has dismissed the appeals for rating higher than 10 percent for cervical spine prior to August 18, 2021; a higher rating than 20 percent for thoracolumbar spine (low back disability); and a higher rating than 30 percent from June 4, 2018.

The Veteran's claim for a higher rating for hypertension was denied. The claim for increased ratings for lumbar strain with DDD and IVDS prior to May 18, 2019, and from March 23, 2021, is granted at 40 percent. Service connection for an acquired psychiatric condition (to include depression and major affective disorder) was reopened and granted.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board has determined that a higher rating is not warranted due to lack of evidence showing forward flexion limited to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or IVDS with incapacitating episodes.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, meeting the criteria for a TDIU on an extraschedular basis.