Back / lumbar spine decisions — 2024

The Board has remanded the claims for additional development due to inadequate VA opinions regarding the severity of the Veteran's service-connected bilateral hip and back disabilities. The claims are being returned to the RO for further action.

The Board has remanded the cases for further development due to inadequate VA medical opinions regarding the etiology of the Veteran's back and hip disorders, as well as their relationship to service.

The Board has determined that the Veteran's claims for service connection must be remanded again due to insufficient information regarding his in-service exposure to herbicide agents and further development is needed for examinations related to his claimed disabilities.

The Board has remanded the cases for further development and an addendum opinion to address the nature and etiology of the Veteran's claimed conditions, specifically focusing on service connection.

The Board has remanded the case due to a missed VA examination and for clarification of the Veteran's service periods. The claim will be further developed to ensure all relevant medical records are obtained.

The Board denied the Veteran's claim for service connection for a lower back condition, finding that there was no evidence of a nexus between his current condition and his military service.

The Veteran's claim for an earlier effective date for left lower extremity radiculopathy is granted, and he is now entitled to a rating of 20 percent from August 25, 2015.,An increased rating of 20 percent for the lumbar spine disability is granted as of August 25, 2015. The Veteran's radiculopathy symptoms are part and parcel of his claim for an increased rating of his back disability.

The Veteran's claim for an increased rating for low back strain prior to July 29, 2015 was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine less than 30 degrees or unfavorable ankylosis.

The Veteran's appeal for initial compensable ratings for hearing loss and PTSD, to include major depressive disorder and insomnia disorder is dismissed.,Service connection for a low back disability is denied.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is being remanded due to a pre-decisional duty to assist error. The Board finds that medical clarification is required regarding whether the Veteran needs regular aid and attendance due to his service-connected disabilities.

The Veteran's claim for service connection for bilateral hearing loss has been denied. The Board found that the Veteran does not have current right ear or left ear hearing loss to a level recognized as a ratable disability for VA compensation purposes.

The Veteran withdrew his appeals for all issues related to service connection and increased ratings, effectively dismissing the appeal.

The Veteran's effective date for a 100% disability rating for PTSD, excoriation disorder, and multiple substance use disorders is granted as of May 19, 2020. The effective dates for the other conditions are also granted.

The Veteran's claims for service connection for tinnitus, anxiety, and migraines have been denied. The Veteran's claim for service connection for thoracolumbar spine disability (claimed as thoracic spine) and cervical spine disability has been granted.

The Veteran's degenerative disc disease of the thoracolumbar spine is rated at 40 percent, which is the maximum rating available under Diagnostic Code 5237.,The Veteran's right ankle disability is currently rated at 10 percent. The VA examiner found that the Veteran’s right ankle disability does not meet or approximate unfavorable ankylosis.

The Veteran's claims for service connection, increased rating, and TDIU have been remanded due to procedural errors in the initial decision-making process. The VA is required to provide a medical examination or opinion on the nature and etiology of his back condition and left knee disability, as well as additional development regarding his TDIU claim.

The Board has remanded the claims of service connection for various conditions due to a pre-decisional duty to assist error and the need for additional medical opinions.

The Veteran's appeal for increased ratings on multiple conditions is remanded due to the need for additional medical examinations and records. The issues include tinnitus, major depressive disorder (MDD), lumbar degenerative disc disease (DDD), right lower extremity radiculopathy, right wrist sprain, right upper extremity carpal tunnel syndrome, left knee patellofemoral pain syndrome, and TDIU.

The Veteran's disability ratings for cervical spine IVDS, right upper extremity radiculopathy, and left upper extremity radiculopathy were restored to their previous levels.,An increased disability rating of 40% was granted for degenerative arthritis and disc disease of the lumbar spine from January 10, 2023.

The Veteran's claims for increased evaluations of his lumbosacral and cervical degenerative joint diseases were denied as the evidence did not support a higher rating.