Back / lumbar spine Board decisions

Effective dates of June 6, 2014, and no earlier, have been granted for service connection for lumbosacral spine strain with degenerative arthritis, cervical spine strain, degenerative arthritis, and intervertebral disc syndrome, and PTSD.

The Veteran's radiculopathy of the right lower extremity is granted, and he is now rated at a 20 percent disability rating for this condition. The lumbar spine conditions remain at a 20 percent rating.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that his back pain during service and subsequent progression of symptoms since then are causally related to his active duty.

The Board has granted the Veteran's claims for an earlier effective date of October 24, 2013 for both entitlement to a TDIU and establishment of basic eligibility to DEA benefits.

The Veteran's initial claim for a higher rating for lumbosacral strain prior to February 16, 2021 was denied. From February 16, 2021, the claim for an increased rating was also denied.

The Veteran's claims for increased ratings and service connection are remanded due to procedural errors in the initial rating decision. The AOJ is instructed to obtain adequate range of motion measurements for the lumbar spine disability, provide a VA examination regarding left foot/ankle instability, and adjudicate the secondary service connection claim.

The Veteran's claim for service connection for tinnitus has been granted. The claims for service connection for back disability and increased rating for anxiety are remanded due to duty-to-assist errors.

The Veteran's service-connected lumbosacral strain is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board denied the Veteran's claims for service connection for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The evidence did not support a finding that these conditions were related to service.,Specifically, there was no medical evidence showing any in-service injury or disease of the back or lower extremities.

The Veteran's claims for increased ratings and earlier effective dates have been granted, with the earliest effective date being September 22, 2020.,Earlier effective dates of September 20, 2020, were also granted for SMC housebound benefits and Dependents' Educational Assistance (DEA) based on the Veteran's service-connected PTSD.

The Board has granted the Veteran's claims for service connection for bilateral hearing loss and a back disorder, finding that both conditions are related to his military service.

The Veteran's claims for increased ratings have been resolved by prior Board decisions, and the issue of entitlement to an initial rating in excess of 10 percent from September 8, 2009 through August 1, 2016 and in excess of 40 percent from August 2, 2016 for service-connected degenerative lumbar spine with degenerative disc disease and spinal stenosis is dismissed. The Veteran's claim for a compensable disability rating for obstructive sleep apnea has been denied due to the improper assignment of a pre-aggravation baseline.

The Veteran's claim for an increased disability evaluation for his service-connected degenerative disc disease and degenerative arthritis of the lumbar spine with IVDS is denied. The VA has assigned a 40 percent rating, which is the maximum available under the applicable diagnostic codes.

The Veteran's service-connected disabilities were not severe enough to prevent him from securing and following substantially gainful employment prior to June 28, 2012. The Board denied an earlier effective date for the TDIU.

The Board has determined that there was a duty to assist error in the November 2021 rating decision and has remanded the case for further development.

The Veteran withdrew his appeals on all issues related to service connection for various conditions, including sleep apnea, carpal tunnel disabilities, pseudofolliculitis barbae, knee disabilities, and lower back disability. As a result, the Board dismissed these appeals.

The Veteran's claims for increased evaluations of radiculopathy affecting the left femoral nerve, right sciatic nerve, and left sciatic nerve were denied as his symptoms did not meet the criteria for higher ratings.

The Board has denied an increased rating for the low back disability and remanded issues of service connection for upper back and neck disabilities due to insufficient evidence regarding secondary causation or aggravation.

The Board has remanded the claims for service connection due to an inadequate medical opinion regarding the etiology of the Veteran's claimed conditions. The claims are related to various hip disabilities, respiratory issues, and headaches.

The Veteran's right and left lower extremity lumbar radiculopathy have been granted initial ratings of 20 percent each, effective July 7, 2020.