Back / lumbar spine decisions — 2024

The Board denied the Veteran's claim for service connection of a back disability, finding no evidence to support a nexus between his current condition and his in-service problems.

The Veteran's claim for an increased rating for tinnitus was denied as he is already receiving the maximum schedular rating. The TDIU claim was also denied due to lack of evidence showing that the Veteran is unemployable by reason of his service-connected disabilities.

The Veteran's left ear hearing loss is currently rated as noncompensable (zero percent) due to the presence of a nonservice-connected right ear with Level I hearing acuity.,There is no evidence of current right ear hearing loss for VA purposes, and thus service connection for right ear hearing loss is denied.

The Veteran's service-connected disabilities, including degenerative arthritis and IVDS of the lumbar spine, left shoulder disability, and bilateral lower extremity radiculopathy, have prevented him from securing or following substantially gainful employment since April 27, 2023. Effective as of that date, he is granted a TDIU and SMC based on aid and attendance.

The Veteran's claim for service connection for back disability is remanded due to the need for a VA examination.

The Veteran's appeals for increased evaluations for bipolar II disorder with rapid cycling and tinnitus have been dismissed as the Veteran withdrew his appeals.,Service connection for bilateral hearing loss has been denied due to lack of evidence showing a current disability.

The Board denied service connection for a back condition as there is no current diagnosis of such disability and the Veteran did not have a recent diagnosis prior to filing his claim.

The Veteran's service-connected disabilities, including Major Depressive Disorder, Right Knee Total Replacement, Degenerative Disc Disease of the Lumbar Spine, and others, prevented him from securing and following a substantially gainful occupation. The Board granted his claim for TDIU.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the onset and causation of his left shoulder, low back, and neck conditions.

The Board has granted service connection for sinusitis, right ear hearing loss disability, cervical spine disability, lumbar spine disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity on a presumptive basis under the PACT Act. The claims for these conditions are effective as of August 10, 2022.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) was granted as secondary to his service-connected PTSD and lumbar spine disability. The effective date of this grant is February 16, 2023, which is the latest between the date of claim and when both conditions were service connected.

The Board has denied the claims for service connection for depression, low back condition, gynecological condition, and skin condition due to lack of new and relevant evidence. The Veteran's current diagnoses are not related to her service.

The Board has remanded the Veteran's claims for lumbar spondylosis with degenerative disc disease, right knee osteoarthritis, and left knee osteoarthritis due to service connection. The AOJ is required to obtain a medical opinion regarding direct service connection for these conditions.

The Board has determined that the reduction of the Veteran's back disability rating from 60% to 40% effective November 1, 2020 is not warranted and is void ab initio.

The Veteran's service-connected disabilities do not result in the loss or use of his lower extremities, which affects balance and propulsion as to preclude locomotion without assistive devices. Therefore, he is ineligible for specially adapted housing and a special home adaptation grant.

The Board has denied the Veteran's claims for service connection for tinnitus, PTSD, right foot disability, left foot disability, right knee disability, left knee disability, right shoulder disability, and low back disability. The evidence did not establish a nexus between these conditions and active service.

The Board has granted service connection for a back disability and a psychiatric disability, finding that the Veteran's symptoms began in service and have persisted since then.

The Board has decided to remand the case due to a duty-to-assist error and will consider evidence not previously considered.

The Veteran's service-connected disabilities do not preclude her from securing and following a substantially gainful occupation, thus the TDIU claim is denied.