Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for service connection for cervical spine, left knee, low back, and right wrist conditions due to a failure of VA to schedule the Veteran for an examination and to secure private treatment records.

The Veteran's claims for hearing loss, degenerative arthritis of the spine (back disability), right knee disability, left knee disability, right ankle disability, and left ankle disability have been dismissed as they were previously denied in a January 2015 rating decision. The Veteran did not dispute or appeal these decisions.,The Veteran's claim for bilateral tinnitus has been denied because the evidence does not show that his current tinnitus is related to service.

The Board has remanded the claims of service connection for vision disability, right hand disability, back disability, left knee disability, right knee disability, PTSD, psychiatric disability other than PTSD, and memory loss due to insufficient evidence.

The Board has granted service connection for a lower back disability and remanded the issues of secondary service connection for neck disability as related to the lower back disability, and an increased rating for SMA syndrome. A new VA examination is needed to determine the appropriate diagnostic codes for the Veteran's conditions.

The Board has decided to remand the claim for a thoracolumbar spine disability due to insufficient evidence regarding its etiology, and a new VA examination is required.

The rating reduction for the Veteran's DDD and IVDS from L4-5 disability was improper, and the 20 percent rating is restored.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain was denied as the disability did not meet the criteria for a higher rating based on limitation of motion. The Board found that the Veteran's lumbar spine disability, despite complaints of pain and difficulty with activities, did not warrant an evaluation in excess of 10 percent.

The Board denied the Veteran's claims of service connection for bilateral pes planus, low back condition, left knee strain, right knee strain, and an acquired psychiatric disorder. The Board found no evidence to support these conditions during or after service.

The Veteran's allergic rhinitis, left elbow, right elbow, migraine headaches, lumbar spine, right knee, left knee, left shoulder, and right shoulder disabilities are all being remanded for further evaluation.,For the entire appeal period, the Veteran’s allergic rhinitis was not manifested by nasal polyps. His left elbow disability did not more nearly approximate flexion limited to 90 degrees, while his right elbow disability did not more nearly approximate flexion limited to 90 degrees.

The Veteran's lumbar spine disorder and radiculopathy of the right lower extremity have been granted service connection.,A TDIU before December 6, 2018, is still pending as it is inextricably intertwined with the ratings for these conditions.

The Board has denied the Veteran's claims for service connection for various foot, shoulder, knee, and neurological disorders. The evidence does not support a finding that any of these conditions are related to his military service.,There is no medical evidence linking any of the claimed disabilities to service.

The Veteran's claims for earlier effective dates and service connection have been granted. The VA has determined that the Veteran's bilateral knee disabilities are secondary to his service-connected back disability, and he is now eligible for DEA benefits based on permanent total disability status.

The Veteran's acquired psychiatric disability is related to his active service and he has been granted service connection for this condition. The other issues, including bilateral hearing loss and skin conditions, are remanded for further evaluation.

The Veteran's back disability was granted a 20 percent rating effective May 26, 2016. The current appeal is about the period prior to this date and subsequent periods.

The Veteran's appeal for a higher rating for his lumbosacral spine disability and TDIU prior to April 25, 2017 was denied. The Board found that the evidence did not show he was unable to secure or follow substantially gainful employment due to service-connected disabilities.

The Veteran's heart condition and hypertension are service-connected, but the lumbar spine disability is dismissed due to a full grant of benefits. Service connection for TBI, bilateral eye condition (secondary), and headaches (secondary) is denied.

The Board granted a disability rating of 40 percent for the Veteran's lumbar spine disability beginning February 24, 2019, and separate ratings of 10 percent each for right and left knee instability beginning December 1, 2022.

The Board has remanded the Veteran's claims for service connection for a low back disability and hypertension, finding that additional development is needed to obtain relevant medical records and provide an adequate opinion regarding the etiology of these conditions. The issues remain on appeal as the PACT Act of 2022 does not apply to all periods of the Veteran's claim.

The Board has remanded the case due to the need for additional VA examinations and addendum opinions regarding the Veteran's service-connected knee and back disabilities, as well as the qualifications of the November 2023 examiner.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent and 20 percent for lumbosacral strain, chronic and recurrent with mild changes of degenerative disc disease at L5-S1, as well as his claim for TDIU due to service-connected disabilities. The remand requires further examination and consideration of the Veteran's medication use and its impact on range of motion.