Back / lumbar spine decisions — 2024

The Veteran's PTSD is rated at 100 percent, effective from August 30, 2021 to October 31, 2021. The Veteran's lumbosacral strain with degenerative arthritis (claimed as low back condition) is remanded for further evaluation.

The Veteran's appeal for service connection on multiple conditions has been dismissed due to the withdrawal of his claims by his authorized representative.

The Veteran's left shoulder strain is rated at 30 percent effective August 22, 2022.,The Veteran's lumbosacral strain is rated at 20 percent effective August 22, 2022.

The Veteran's lumbosacral strain was granted an increased rating to 20 percent prior to January 11, 2021. The claim for SMC based on need for aid and attendance remains under development.

The Board denied service connection for right knee, left knee, and lumbosacral spine disorders due to a lack of evidence linking these conditions to service or the applicable presumptive periods.

The Board has granted an effective date of September 20, 1996 for the assignment of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's cervical neck strain is currently rated at 20 percent, effective May 2021.,The Veteran's thoracolumbar strain was granted a 20 percent rating from January 4, 2021, to September 30, 2020.

The Veteran's claims for diabetes mellitus type II, sterility, prostate cancer, ischemic heart disease, and migraine have been remanded due to the need for further review of the evidence.,Claims for cervical strain, lumbar strain, right knee condition, left knee condition, right upper extremity radiculopathy, left upper extremity radiculopathy, and left lower extremity radiculopathy are also being remanded.

The Veteran's claims for an increased rating for left knee and service connection for low back condition are being remanded due to pre-decisional duty-to-assist errors.

The Veteran's claims for diabetes mellitus type II, sterility, prostate cancer, ischemic heart disease, and migraine have been remanded due to the need for further review of the evidence.,Claims for cervical strain, lumbar strain, right knee condition, left knee condition, right upper extremity radiculopathy, left upper extremity radiculopathy, and left lower extremity radiculopathy are also being remanded.

The Board has determined that a remand is necessary for the Veteran's claims of service connection for headaches and low back disability due to inadequate examinations and potential TERA exposure.

The Veteran's PTSD, allergic rhinitis, lumbosacral strain with degenerative arthritis and herniated disc at L4-L5, left lower extremity sciatic radiculopathy, bilateral fallen arches, neurological condition of other systems, and bilateral hearing loss are all service-connected. However, a rating in excess of 30 percent for PTSD is denied.

The Veteran's claim for a left elbow disorder is denied as there is no persuasive evidence of a current disability during or approximate to the appeal period.,Service connection for tinnitus is granted based on in-service noise exposure and credible testimony from the Veteran.

The Veteran's bilateral hearing loss is related to in-service hazardous noise exposure and service connection for this condition is granted. The back disability claim is remanded due to insufficient evidence.

The Veteran was granted a TDIU from October 27, 2014 to August 12, 2020 due to his service-connected disabilities preventing him from securing and maintaining substantially gainful employment. The TDIU was denied for the period from August 13, 2020 as none of his service-connected disabilities alone meet the criteria for a TDIU.

The Board has dismissed the appeals for service connection and rating for tinnitus, allergic rhinitis (claimed as sinus problems), low back pain, lumbar radiculopathy on both sides of the body, and pseudofolliculitis barbae. The Veteran's death during the appeal process means these claims are now closed.

The Board has granted service connection for various conditions and assigned ratings effective February 12, 2014. The appellant is eligible for direct payment of attorney fees based on past-due benefits awarded in the April 2020 rating decision.

The Board has decided to remand the case due to a duty to assist error and needs to provide the Veteran with another opportunity for a VA examination.

The Veteran's initial claim for a higher rating for cervical spine disability was denied prior to October 13, 2021. From May 16, 2021, the Veteran received increased ratings of 40 percent for right upper extremity radiculopathy and 30 percent for left upper extremity radiculopathy.

The Veteran's initial ratings for his cervical spine and upper extremity radiculopathy disabilities have been granted, with a 20 percent rating for each condition. The higher ratings requested were denied.