Back / lumbar spine decisions — 2024

The Board has denied service connection for anxiety disorder, thyroid disorder, and diabetes. The claims for hiatal hernia, back disorder, left hip disorder, and right hip disorder are remanded.

The Veteran's claims for service connection for hearing loss, back disability, and GERD have been denied.,The Veteran's claims for service connection for left knee, right knee, left ankle, and right ankle disabilities are remanded.

The Veteran's claim for a higher rating for TMJ was denied as his interincisal range did not meet the criteria for a higher rating. The claim for an earlier effective date for TDIU and Dependents' Educational Assistance (DEA) was also denied, with the Board finding that the Veteran had stopped working on March 20, 2015.

The Veteran's hearing loss is granted as service-connected. The Veteran's prostate cancer residuals are denied as not related to service.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, but his claim was denied because he did not submit a completed VA Form 21-8940. The Board finds that a formal application form is not required and there is sufficient information regarding the Veteran's educational and employment history. However, there is insufficient information regarding the functional impact solely due to the service-connected disabilities.

The Veteran's service-connected disabilities, combined, meet the schedular requirements for a TDIU effective June 27, 2014. The Board granted an earlier effective date of June 27, 2014 for her TDIU and DEA eligibility.

The Board has dismissed the appeals for an increased rating for right chronic wrist sprain, a compensable rating for right ear hearing loss, and service connection for thoracolumbar strain and thoracic scoliosis (claimed as upper back condition).

The Veteran's claim for individual unemployability due to service-connected disabilities is remanded as the VA mental health examination was inadequate and there are additional service-connected disabilities that have not been considered.

The Board has granted effective dates of December 27, 2020 for service connection of bilateral tinnitus with benign paroxysmal positional vertigo (BPPV), lumbosacral strain, right knee iliotibial band syndrome, and left ankle tendinopathy.

The Veteran's mechanical low back strain and right shoulder arthralgia are not rated higher than the current 10 percent levels.,The initial ratings for right and left shin splints have been granted at 10 percent.

The Board denied a rating in excess of 10 percent for the Veteran's degenerative arthritis of the lumbar spine, finding that the evidence did not demonstrate loss of range of motion or symptoms to the degree required for a higher rating.

The Veteran withdrew his appeals regarding effective dates and initial disability ratings for lumbar spine disability, right and left sciatic nerve radiculopathy.

The reduction of the rating for a right knee disability (based on limitation of flexion) from 10 percent disabling to noncompensable effective October 27, 2021, was improper and restored.,Entitlement to increased ratings for various disabilities remains pending.

The appeal for bilateral hearing loss is dismissed. The claim of entitlement to service connection for a lumbar spine disability is remanded.

The Veteran's claim for a rating in excess of 50 percent for sleep apnea was denied.,The Veteran's claim for an effective date prior to March 11, 2022 for service connection for tinnitus was denied.,The Veteran's claim for an effective date prior to March 11, 2022 for a 70 percent rating for PTSD was denied.,The Veteran's claim for an effective date prior to March 11, 2022 for a 40 percent rating for degenerative disc disease of the lumbar spine was denied.

The Board has granted service connection for lumbosacral strain, left hip condition, and right hip condition based on the Veteran's in-service injuries and symptoms that continued after service.

The Veteran's IBS is granted as secondary to her service-connected adjustment disorder with depressed mood, and a 20 percent rating for lumbosacral spine strain from January 22, 2020, is granted.

The Veteran's claim of service connection for bilateral hearing loss is denied as there is no current disability meeting the VA definition.,Service connection for an acquired psychiatric disability, including anxiety, is denied due to lack of evidence linking it to service.,Claims for a back disability and right and left knee disabilities are also denied as there is insufficient evidence connecting these conditions to service.

The Veteran's claims for increased ratings and effective dates are being remanded due to duty-to-assist errors involving untranslated Spanish language treatment records. These records may be relevant to the claims of EED in this appeal.

The Veteran's bilateral plantar fasciitis is granted as service-connected. The issues of increased ratings for the right elbow, back, left knee, and skin disabilities are remanded.