Back / lumbar spine decisions — 2024

The Board has denied the Veteran's claims for service connection for a lumbar spine disability and bilateral hearing loss disability, finding that there is not an approximate balance of evidence in favor of the claims.

The Board has dismissed the Veteran's appeals regarding service connection for a prostate disability, as well as his claims for increased ratings for sciatic nerve radiculopathy left lower extremity, cervical spine degenerative disc disease, lumbar spine degenerative disc disease, and left ear hearing loss. The Veteran withdrew his requests for hearings and all of his pending appeals.

The Veteran's left and right lower extremity radiculopathy were granted a disability rating of 20 percent each, effective from June 3, 2014. The lumbar spine degenerative arthritis with lumbago and subluxation of L4-L5 was also granted a disability rating of 20 percent.

The Veteran's claim for an effective date prior to April 30, 2020 for the grant of service connection for migraines was denied.,The Veteran's claim for a disability rating in excess of 50 percent for migraines including migraine variants associated with cervical strain with IVDS to include C5-6 DDD, neck condition is also denied.

The Veteran's appeals for increased rating and service connection have been dismissed due to his withdrawal of the appeals.

The Veteran's degenerative arthritis of the lumbar spine with IVDS, radiculopathy, sciatic nerve, right lower extremity, and PTSD, unspecified depressive disorder, and other specified depressive disorder are all granted as service-connected.,PTSD is linked to in-service stressors, while the other conditions have been granted on a direct basis.

The Board has remanded the claims for service connection for a back condition and a left thumb condition due to inadequate medical opinions in the July 2022 VA examinations. The Veteran's reports about his symptoms will be considered, along with any medical reasons to accept or reject these reports.

The Board has remanded the Veteran's claims for service connection for a low back disability, evaluations for his bilateral knee disabilities, and TDIU prior to February 6, 2017. The claims are being returned for additional development.

The Veteran's claim for an increased rating for right ear hearing loss is dismissed.,Service connection for PTSD with anxiety is denied. The Board notes that the evidence does not establish a current diagnosis of PTSD and finds no causal relationship between service and the diagnosed generalized anxiety disorder.,The claims for bilateral foot disability, lumbar spine disability, and lumbar radiculopathy are remanded due to new evidence received in 2023 and potential exposure to toxic chemicals during service.,Service connection for a lumbar spine disability is remanded. The Veteran's claim for lumbar radiculopathy remains pending.,The claims for bilateral foot disability, lumbar spine disability, and asthma are remanded due to the need for a TERA memorandum and ILER report.

The Veteran's thoracolumbar spine disability is rated at 20 percent, the maximum rating available under VA guidelines. The appeal for a higher rating is denied.

The Board denied service connection for bilateral hearing loss, tinnitus, left shoulder disability, low back disability, and bilateral knee disability due to the Veteran's failure to report for scheduled VA examinations.

The Veteran's lumbar spine disability was previously rated at 20 percent prior to December 20, 2019. The Board has remanded the case for further development and proceedings.

The Veteran's back disability is now rated at a 40 percent rating, which was previously denied. The Board found that the evidence supported this higher rating due to flare-ups causing increased pain and loss of range of motion.

The Board has remanded the Veteran's claims for an evaluation in excess of 10 percent and 20 percent for his lumbar spine strain with degenerative arthritis due to a lack of adequate examination findings.

The Veteran is seeking a higher rating for his lumbar spine disability due to muscle spasms and reduced movement. The Board has found that the December 7, 2022 initial rating decision did not consider all relevant evidence and thus remands the case for further evaluation.

The Board has determined that new and relevant evidence has been received for the claims of service connection for back, right elbow, right knee, and right shoulder disabilities. The claims are being remanded to allow for further examination and consideration.

The Board has granted an initial 40 percent evaluation for the Veteran's service-connected lumbosacral strain, effective from the date of his claim.

The appeal for the issue of entitlement to service connection for a skin rash is dismissed. The appeals for entitlement to service connection for low back disorder and cerebrovascular accident (stroke) are remanded.

The Veteran's cervical spine degenerative disc disease and spondylosis have been granted service connection. The Veteran's recurrent lumbar spine, right shoulder, and left shoulder disabilities are remanded for further evaluation.

The Board has remanded the Veteran's claims for service connection due to his failure to report for scheduled VA examinations. The appeals will be adjudicated based on the evidence of record, which could include denial of the benefits sought.