Back / lumbar spine decisions — 2024

The Veteran's diabetes mellitus, left knee condition, and right knee condition are not shown to be caused or aggravated by his service-connected bilateral heel spurs. Service connection for these conditions is denied.

The appeal of the March 2022 administrative decision is dismissed as moot. The AOJ accepted an October 2022 HLR request for review of the November 2020 denial of an increased rating for a low back disability and issued a December 2022 HLR rating decision. The right hip disability claim is remanded.

The Veteran's claims for TDIU and Dependents' Educational Assistance were denied as there was no factual basis to grant earlier effective dates, with the exception of a 10% increase in disability rating for tinnitus from October 29, 2017. The Board found that the Veteran did not become unemployable within one year prior to October 29, 2018.

The Veteran's lumbosacral strain is rated at 10 percent, which does not meet the criteria for a higher rating as his forward flexion is greater than 60 degrees but less than 85 degrees and his combined range of motion is greater than 120 degrees but less than 235 degrees.

The Veteran's back disability and lower extremity radiculopathy are rated at 40 percent each, effective September 9, 2022. The appeal is granted for these conditions.

The Veteran's service-connected disabilities rendered him unable to secure or follow gainful employment from at least August 1, 2014, and the Board granted a TDIU effective that date.

The Veteran's appeal for increased ratings for lumbosacral strain with IVDS and mild recurrent major depressive disorder, with somatic pain disorder was denied. The Board found that the evidence did not support a higher rating based on the current level of disability.

The Board has determined that new and relevant evidence has been received to readjudicate the claims for service connection for degenerative arthritis of the cervical spine with spinal stenosis and degenerative arthritis of the lumbar spine with spinal stenosis. The claims are being remanded due to a lack of contemporaneous medical records.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there is no evidence of in-service injury or disease and insufficient medical opinion to establish a nexus between current condition and service.

The Board has granted service connection for tinnitus but denied service connection for a back disorder. The Veteran's tinnitus is found to be related to his military noise exposure, while the back disorder is not linked to service.

The Board has denied the Veteran's claims for service connection for lethargy, bilateral leg sciatic nerve pain, bilateral hip condition, and low back condition. The evidence does not support a finding that these conditions are related to active service.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant as they do not result in anatomical loss, blindness, or significant functional impairment that would qualify under the applicable regulations.

The Board has granted earlier effective dates of June 26, 2017 for service connection for Major Depressive Disorder (MDD), Lumbar Spine Intervertebral Disc Syndrome (IVDS) with degenerative arthritis and degenerative disc disease, Right lower extremity radiculopathy of the sciatic nerve, and Left lower extremity radiculopathy of the sciatic nerve.

The Board has remanded both service connection claims for a back condition and a left knee condition due to the inadequacy of medical opinions and missing relevant records.

The Board has determined that further development is necessary for the Veteran's claims of service connection for sleep apnea, increased ratings for his service-connected back disability and associated neurological disabilities, and TDIU. The case will be remanded to obtain additional VA examination opinions and a retrospective opinion.

The Board has determined that the Veteran's cervical spine and lumbar spine disorders are not service-connected, but have remanded for further development to address these claims.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's low back disorder and whether it preexisted service.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine was denied. The initial rating for major depressive disorder was granted at 70 percent effective March 1, 2007. TDIU and DEA benefits were also granted effective March 1, 2007.

The Veteran's lumbar spine spondylolisthesis with degenerative disc disease and intervertebral disc syndrome is currently rated at 40 percent for the appeal period prior to August 14, 2023. The claim for a higher rating remains denied.

The Veteran's lumbosacral strain with degenerative disc disease of the lumbosacral spine is rated at 20 percent prior to January 16, 2024 and denied for a higher rating.