Back / lumbar spine decisions — 2024

The Board dismissed all service connection claims due to the appellant's death.

The Board has found that the record is incomplete and requires additional service records to be associated with the claims file. The Veteran's psychiatric, low back, right wrist, bilateral foot, and sleep apnea disabilities are also remanded for further examination and opinion.

The Board has determined that a new VA examination is needed for the Veteran's right ankle condition and associated scar due to lack of discussion on flare-ups.,A new VA examination is also required for her back, right wrist, right knee, and left-hand scar conditions.

The Board has remanded the Veteran's claims for service connection for cervical and lumbar spine disabilities due to incomplete development, including a lack of SSA records. The VA will obtain these records and provide them to an examiner who previously provided opinions on the issues.

The Veteran's appeal includes claims for service connection for an acquired psychiatric disorder, a higher rating for IVDS with degenerative arthritis and strain of the lumbosacral spine, and right lower extremity radiculopathy, sciatic nerve. The effective dates for the ratings assigned are also being remanded.,Additional development is needed to address the Veteran's claims regarding his acquired psychiatric disorder, as well as his service-connected IVDS with degenerative arthritis and strain of the lumbosacral spine and right lower extremity radiculopathy.

The Veteran's claims for increased ratings for her lumbar spine and service connection for migraines are being remanded due to procedural errors in the initial review of evidence.

The Board has granted service connection for left knee arthritis, lumbar spine degenerative arthritis, and right shoulder strain and impingement syndrome as these conditions are at least as likely as not having had their onset during active duty.

The Veteran's tinnitus, obstructive sleep apnea (OSA), and low back disability are all found to be at least as likely as not due to his active-duty service.,The Veteran's OSA is also found to be at least as likely as not proximately due to his service-connected major depressive disorder.

The Veteran's appeal is remanded due to the need for an in-person examination and medical opinion regarding her lumbar spine disability and left knee disability. The issues of a higher rating for the lumbar spine condition and service connection for the left knee disability are both being remanded.

The Veteran's left and right lower extremity radiculopathy have been granted initial 40 percent ratings, effective from December 23, 2009.,A TDIU rating has also been granted.

The Veteran's low back disability is granted as service-connected.,PTSD with sleep disturbance and anxiety, along with MDD with insomnia secondary to herpes simplex are both granted as service-connected.

The Board has remanded the cases for additional development due to issues regarding flare-ups and functional impairments of the Veteran's lumbar spine disability, as well as potential referral to the Director of Compensation Service for TDIU.

The Veteran's cervical spine strain is currently rated at 20 percent, but does not meet the criteria for a higher rating due to lack of limitation of motion or ankylosis.,The Veteran's thoracolumbar spine strain with degenerative joint disease is currently rated at 20 percent, and also does not meet the criteria for a higher rating.

The Board has determined that the VA Regional Office (RO) did not provide a proper SOC addressing all issues on appeal and returned the case for further development. The Veteran's lower back disability and tinnitus claims are also remanded due to inadequate medical opinions in the original decision.

The Veteran's lumbosacral strain and cervical strain have been granted initial disability ratings of 10%, 20% respectively, with the lumbosacral strain rating increased to 40% effective May 8, 2023.

The Veteran is granted a total disability rating due to individual unemployability (TDIU) and the issue of increased ratings for cervical degenerative disc disease is remanded.

The Veteran's claims for service connection and increased ratings were denied. The Board found no medical nexus between the claimed conditions and either active service or a service-connected disability.

The Board has remanded the claims for service connection for a left foot disorder and low back disorder due to inadequate opinions in support of these claims. The Veteran's assertions include direct service connection based on an August 2004 injury, as well as secondary service connection related to his right foot fracture and bilateral shin splints.

The Veteran's claim for an earlier effective date for the award of a 40 percent rating for IVDS prior to October 13, 2016 was denied. The Veteran did not file a timely appeal after the November 2011 decision.,The Veteran's claim for service connection for left second toe scar is dismissed as he did not file a timely appeal of the December 2009 rating decision that granted service connection with an effective date of November 26, 2008.,The Veteran's claim for a compensable rating for erectile dysfunction was denied. The evidence does not show penile deformity or other impairment associated with erectile dysfunction.,The Veteran's claim for a higher rating for IVDS is denied as the evidence does not show ankylosis of the thoracolumbar spine, and there are no incapacitating episodes meeting the criteria for a 60 percent rating under the Formula for Rating IVDS Based on Incapacitating Episodes.,The Veteran's claim for TDIU based on service-connected disabilities is granted as his education and work history prevented him from performing employment duties due to his service-connected disabilities.,The Veteran's claims for bilateral hip disability, right ear hearing loss, PTSD, joint condition, and dental condition are remanded as new evidence has been submitted that may reopen these previously denied claims.,The Veteran's claim for a compensable rating for right ear hearing loss is remanded as new evidence has been submitted that may reopen this previously denied claim.

The Veteran's DDD of the spine is not rated higher than 10 percent.,Left and right lower extremity radiculopathy are each rated at 20 percent.,Bilateral pes planus is rated at 50 percent, effective October 5, 2023.