Back / lumbar spine decisions — 2024

The effective date prior to October 1, 2012 for the grant of service connection for migraines and PTSD is denied.,The reduction in disability rating from 30 percent to 10 percent for pes planus with plantar fasciitis was not proper and is void ab initio.

The Veteran's service-connected disabilities, including PTSD, degenerative disc disease L5-S1, left and right lower extremity radiculopathy, tinnitus, and GERD, have rendered her unable to secure or maintain substantially gainful employment since August 12, 2019. As of February 2, 2022, she met the schedular criteria for TDIU.

Service connection is granted for DDD with strain and degenerative arthritis, lumbosacral spine.,Service connection is granted for right knee degenerative arthritis with post-traumatic changes.,Service connection is granted for migraine headaches.

The Veteran's dry-eye syndrome and xerosis cutis of the bilateral feet are granted as secondary to service-connected disabilities.,However, his orthopedic disabilities (claimed as arthritis) and bilateral foot disability (hallux valgus) are denied.

The Veteran's service-connected conditions render him in need of regular aid and attendance, which is granted for special monthly compensation based on the need for aid and attendance.

The Board has remanded the claims for right lower extremity radiculopathy, lumbar spine spondylolisthesis, and left lower extremity radiculopathy due to incomplete evidence. The Veteran's total disability rating based on individual unemployability is also remanded.

The Board has remanded the claims due to inadequate VA examinations, and a new medical opinion is required.

The Board denied a rating in excess of 30 percent for the Veteran's cervical spine disability, finding that the current functional loss due to pain and repetitive use does not warrant an increased rating.

The Veteran's appeal for service connection for degenerative disc disease other than IVDS, degenerative arthritis, spinal stenosis, L5-S1 disc herniation has been withdrawn by the Veteran through his authorized representative. As a result, the appeal is dismissed.

The Veteran's back disability and hemorrhoids have been granted service connection. The left bicep tear claim has been denied, and the initial PTSD rating remains at 30 percent.,Further evaluation of the right ankle, left ankle, bilateral pes planus, and hemorrhoids is needed due to a duty-to-assist error.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for an initial compensable rating evaluation for hearing loss, hypertension, left knee scar, right knee tricompartmental degenerative arthritis, arthritis - hands, fingers, shoulder, hips, knees and right clavicle, insomnia, low back pain, numbness in arms, or right shoulder condition.

The Veteran withdrew their appeal for higher ratings for degenerative arthritis of the lumbar spine with spinal stenosis and right knee degenerative arthritis, effectively dismissing these issues.

The Veteran's appeal for service connection for a back condition is dismissed because the September 2022 VA Form 10182 was untimely and did not properly appeal an adjudicated rating decision.

The Board has determined that the Veteran's right shoulder condition is not related to his service and remands the case for further development.,The Veteran contends his current right shoulder condition is due to heavy lifting during service, but there is no evidence of a pre-existing injury or chronic condition in service. The VA examination did not find any link between his current condition and service.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's low back disorder. The claim will be reconsidered with a new VA examination.

The Board has decided to remand the Veteran's claims for tinnitus, cervical degenerative joint disease with right arm neuropathy, and lumbosacral strain due to inadequate VA examination opinions. The claims will be reconsidered by the AOJ after obtaining new medical opinions.

The Board denied the Veteran's claim for service connection of a low back disability, finding that her current condition is not related to an in-service injury or disease and does not meet the criteria for presumptive service connection.

The Veteran's service-connected disabilities have rendered him wheelchair bound and in need of nursing home care, regular aid and attendance to prepare his meals, assist with bathing and hygiene needs, and manage medication. The Board has granted special monthly compensation based on the need for regular aid and attendance but dismissed the claim for special monthly compensation at the housebound rate as moot.

The Board has determined that additional development is needed for the Veteran's claims of increased ratings for a back disability, migraine headaches, and traumatic brain injury residuals. The case will be remanded to allow for further examination and evaluation.

The Board has granted service connection for lumbar spine degenerative disc disease and remanded the issue of a compensable rating for bilateral hearing loss.