Back / lumbar spine Board decisions

The Veteran's appeal for a higher rating of his service-connected back disability and service connection for teeth and gum problems has been denied. The issue of service connection for a mental health disability, secondary to a traumatic brain injury (TBI), is being remanded.

The Board has found that additional development is necessary for the Veteran's claims of service connection for low back and left knee conditions due to inadequate medical opinions. The case is being remanded for new VA medical opinions.

The Board denied the Veteran's request for reentry into VR&E independent living services due to a lack of evidence showing his disabilities have worsened to the point he has sustained a substantial loss of independence following his previous determination of rehabilitation.

The Veteran's claims for increased ratings of coronary artery disease (CAD) and spinal fusion with lumbar stenosis and degenerative arthritis have been granted, effective from June 12, 2014, and May 7, 2018 respectively.,The claim for a higher rating for obstructive sleep apnea has been denied.

The Veteran's claim for service connection for a lumbar spine disability, claimed as right hip condition, is granted. The AOJ previously denied the claim in August 2009 and has now remanded it due to new evidence submitted after the initial decision.

The Board has granted service connection for the Veteran's lumbar spine degenerative arthritis, finding that it began during active duty and has been recurrent since then.

The Veteran's claims for service connection of a back disability and an increased rating for tinea versicolor are remanded due to duty-to-assist errors. A VA examination is required for both issues.

The Veteran's lumbar spondylosis is rated at 20 percent effective February 17, 2019. The Board found that the evidence did not support a higher rating.

The Veteran's back disability, including degenerative arthritis, lumbosacral strain, and intervertebral disc syndrome (IVDS), is now considered service-connected.

The Veteran's claims for increased ratings were denied except for the RUE diabetic neuropathy, which was granted a 40 percent rating effective from July 25, 2019. The LLE diabetic neuropathy claim is also granted with a 40 percent rating since January 20, 2020.

The Veteran's service-connected degenerative disc disease of the lumbar spine is causing severe radiculopathy that affects his lower extremities. The Board has determined there was a duty to provide an examination to determine if this disability results in loss of use of one or both feet, as required by VA regulations.

The Board has denied service connection for left leg pain and low back pain, finding that the evidence does not support a link to service.

The Board has granted an earlier effective date of January 1, 2006 for the assigned 10 percent rating for service-connected thoracolumbar spine strain (lumbar spine disability), finding clear and unmistakable error in the January 2006 rating decision that originally granted service connection but assigned a noncompensable rating due to painful motion.

The Board denied the Veteran's claims for service connection of a right foot disability and an initial rating higher than 10 percent for thoracolumbar strain with scoliosis, finding that there was no current diagnosis of these conditions. The claim for increased rating for thoracolumbar strain with scoliosis was remanded.

The Veteran's claim for service connection for a low back disability is granted as secondary to his service-connected bilateral pes planus with plantar fasciitis and metatarsalgia. The claims of service connection for bilateral hearing loss, tinnitus, an acquired psychiatric disorder (to include PTSD and anxiety), headache disorder, TBI, pseudofolliculitis barbae, sinusitis, left knee disability, right knee disability, and tinea versicolor of the arms, leg, chest, and face are all denied.

The Veteran's claim for an increased rating for lumbosacral strain is denied. The Board found that the evidence does not support a finding of unfavorable ankylosis or other conditions warranting a higher rating.

The Board denied service connection for a lumbar spine disability, including intervertebral disc syndrome and status post spine fusion, as the evidence did not support a finding that the condition was incurred or aggravated by active service.

The Board has granted the restoration of service connection for six disabilities: left upper leg gunshot wound, left forearm gunshot wound, entry and exit wounds associated with lumbar spine injuries, paralumbar muscles injury, PTSD, and left knee osteoarthritis. The original grant was based on direct evidence rather than a presumption or secondary condition.

The Veteran's bilateral hearing loss disability has not been rated higher than the current 0 percent evaluation due to the lack of evidence showing that his hearing impairment more nearly approximates a compensable level.,The VA examiner did not provide sufficient rationale for the opinion regarding lumbosacral strain, and an addendum is needed.

The Veteran withdrew his appeal of the claim for service connection for right lumbar radiculopathy.