Back / lumbar spine decisions — 2024

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to ongoing development of employment records. The low back condition service connection issue has already been resolved.

The Board has remanded the Veteran's claim for service connection for a back disorder, as secondary to his service-connected bilateral plantar fasciitis. The case is being returned for further examination and opinion.

The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment, as he is employed and has provided no evidence to support his claim for TDIU.

The Board has determined that new and material evidence has been received to reopen the previously denied claim for service connection for a back disorder. The claims for service connection for other conditions are being remanded for further development.

The Veteran's lumbosacral strain disability rating is remanded for further development, including a VA peripheral nerves examination and obtaining outstanding private treatment records.

The Board has remanded the Veteran's claims of service connection for frostbite on the bilateral feet, a back condition, and left knee replacement due to insufficient evidence in the record.

The Veteran's appeals for increased ratings in excess of 20 percent for degenerative disc disease of the lumbar spine, bilateral knee disabilities, and bilateral lower extremity radiculopathy have been dismissed due to his withdrawal of the appeal.

The Veteran's claim for service connection for thoracolumbar spine degenerative arthritis has been reopened and granted. Effective June 12, 2018, the Veteran is now assigned a 30 percent rating for left hip limitation of extension under Diagnostic Code 5252, a 30 percent rating for right hip limitation of extension under Diagnostic Code 5252, a 20 percent rating for left hip limitation of abduction, adduction, and rotation under Diagnostic Code 5253, and a 20 percent rating for right hip limitation of abduction, adduction, and rotation under Diagnostic Code 5253.

The Board has remanded the claims for service connection for various knee and hip disabilities, as well as scars of the extremities and trunk due to insufficient evidence in the record.

The Board has granted the Veteran's claim for service connection for right lower extremity radiculopathy as secondary to their service-connected lumbar spine disability.

The Veteran's claims for increased ratings and service connection were denied. The reduction of the 10% rating for bilateral hearing loss was upheld, but restoration of the 10% rating is denied. The claim for an increased rating for back disability prior to October 8, 2019 is denied. A 20% rating is granted effective October 8, 2019, and a higher rating is denied from that date onward.

The Veteran's claim for service connection for a right knee disability is being reopened and granted.,Service connection for diarrhea as a qualifying chronic disability under the PACT Act is granted.,GERD, sinus disability, residuals of a nasal fracture, jaw disability, neck disability, and back disability are all remanded for further development due to the provisions of the PACT Act regarding toxic exposure risk activity (TERA).,Bilateral lower extremity radiculopathy secondary to service-connected back disability is also being remanded.,

The Veteran's hypertension is not rated higher than noncompensable, as his blood pressure readings have consistently been below the threshold for a compensable rating.,The Veteran's lumbar strain with degenerative joint disease does not meet the criteria for a higher than 10 percent rating. His disability has not resulted in forward flexion limited to 60 degrees or less or a combined range of motion (ROM) limited to 120 degrees or less, even considering functional loss.,Service connection was denied for diabetes mellitus and obstructive sleep apnea as there is no causal relationship between these conditions and service.,Service connection was also denied for an acquired psychiatric disorder.

The Veteran's claim for service connection for tinnitus is granted. The claims for service connection for bilateral hearing loss, bilateral knee disability, and back disability are remanded.

The Board has decided to remand the Veteran's claims of increased ratings for unspecified anxiety disorder, minimal degenerative disc disease at L4-L5 and L5-S1, and right knee strain due to the need for additional VA treatment records and examinations.

The Veteran's service-connected disabilities, including his left hip condition and back and knee issues, precluded him from obtaining and maintaining substantially gainful employment. The Board granted a TDIU for accrued benefits purposes.

The Veteran's claims for increased ratings and TDIU were denied. The left shoulder disability was rated at 20% since November 18, 2005, but the Board found no evidence of motion limited to 25 degrees from side, which would warrant a higher rating. For the lumbar spine disability, the Veteran's condition did not meet the schedular criteria for an increased rating prior to January 29, 2021, and after that date, it was also denied. The TDIU claim was denied as there was no evidence of unemployability due to service-connected disabilities during the relevant period.

The Veteran's claims for earlier effective dates and increased ratings were denied, while his service connection claims were granted. The Veteran was awarded a TDIU.

The Veteran's claim for an increased disability rating in excess of 80 percent for breast cancer residuals has been denied. The highest possible rating (80%) is currently assigned, and the Board found no evidence to support a higher rating based on the current medical evidence.

The Veteran's service-connected disabilities, including major depressive disorder and lumbar spine degenerative disc disease, render him unable to secure and follow a substantially gainful occupation as of December 13, 2022. His TDIU claim is granted.