Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for service connection for lumbosacral strain, right knee strain, and cervical strain due to inadequate medical opinions. The VA will provide further examination and opinion regarding the etiology of these conditions.

The Veteran's service-connected low back disability, characterized by degenerative disc disease at L5-S1 and lumbar radiculopathy, did not meet the criteria for a higher rating than 20 percent prior to June 22, 2015; and higher than 40 percent thereafter. The Board denied his claims.

The Veteran's preexisting back disability worsened during service, resulting in current diagnoses of degenerative disc disease/degenerative changes of the thoracic and lumbar spine, and thoracic and lumbar scoliosis. The Board finds that these conditions are presumptively related to service.

The Board has dismissed the appeals for service connection of various conditions due to the Veteran's death during the appeal process.

The Veteran's service-connected hypertension is granted an initial rating of 10 percent. The Board has remanded the remaining issues for further development and consideration.

The Veteran's claim for service connection for bilateral knee disabilities was granted with effective dates of September 2, 2021. The Board has also remanded the issue of service connection for a low back disorder due to inadequate medical opinion.

The Board denied a rating in excess of 20 percent for the Veteran's lumbar spine disability, finding that the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting TDIU.

The Veteran's tinnitus and bilateral hearing loss are not rated higher than the current 10 percent assigned.,The Veteran's residuals of right second and third toe amputation do not meet the criteria for a compensable rating.,The Board has determined that there is insufficient evidence to establish service connection for his claimed low back condition.

The Board has remanded the case due to insufficient evidence and a need for additional medical opinions regarding the Veteran's low back disability.

The Veteran's knee and back braces caused increased wear or tear to his outer clothing in 2019, leading to the grant of an annual clothing allowance.

The Veteran's service connection for sleep apnea, including as secondary to his service-connected disabilities of degenerative disc disease, lumbar spine with spinal fusion and bilateral knee degenerative arthritis, is denied because the evidence does not support a finding that obesity (an intermediate step) was caused or aggravated by these service-connected conditions.

The Board has granted the Veteran's claim for service connection for lumbar spondylosis with degenerative disc disease and facet degeneration, finding that his current disability is related to his active duty service.

The Veteran's appeal for service connection of a back disability was dismissed as untimely, and his hypertension claim resulted in an initial evaluation of 10 percent.

The Veteran's claims for service connection for fibromyalgia, psychiatric disability other than unspecified anxiety disorder with unspecified neurocognitive disorder, and urination disability were denied. The claim for an earlier effective date for the award of service connection for migraine headaches was also denied.

The Board has decided that the VA did not obtain relevant private medical records prior to issuing a rating decision, and thus remands the case for further action.

The Veteran withdrew his appeals for service connection for a low back disability, right knee disability, and an increased rating for left knee degenerative arthritis before the Board could make a decision.

The Veteran's claim for an initial rating higher than 10 percent for his service-connected low back disability prior to November 28, 2015 was denied as the evidence did not show any limitation of motion or other disabling symptoms warranting a higher rating.

The Veteran's tinnitus is granted as service connected, but his low back disability is denied.

The Veteran's PTSD with depressive disorder is currently rated as 70 percent disabling, but the Board finds that this rating adequately reflects his disability level and does not warrant a higher evaluation. The lumbosacral degenerative joint disease with L1 compression fracture is also rated at 40 percent, which the Board deems appropriate based on the evidence of record.