Back / lumbar spine Board decisions

The Veteran's bilateral hearing loss disability is rated at 0 percent, and the Board denied an initial compensable rating.,The Veteran's TDIU claim was also denied as he did not meet the schedular criteria for consideration of a TDIU.

The Veteran's appeals for service connection for bilateral hearing loss and herniated lumbar disc, L4-L5 were dismissed due to improper concurrent election of review under different appeal lanes.

The Veteran's bilateral lower extremity radiculopathy is found to be caused by her service-connected back disability, and the Board grants service connection for this condition.

The Veteran's appeal for service connection of a psychiatric disability, left shoulder disability, hearing loss disability, tinnitus, and right lower extremity disability was dismissed due to untimely filing of the Notice of Disagreement (NOD).,The Veteran's claim for an initial rating greater than 10 percent for lumbosacral strain was denied as her symptoms did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's claims for service connection for various conditions have been denied. The Board found no current disability related to the claimed conditions and did not find a causal relationship between any of these conditions and military service.,Additionally, some issues were remanded due to insufficient evidence or need for further evaluation.

The Veteran's service-connected rheumatoid arthritis and related disabilities are found to prevent him from working, and the case is being referred for extraschedular consideration.

The Veteran's appeal for a rating in excess of 10 percent for service-connected lumbar spine injury with degenerative joint disease is dismissed as the Veteran and his attorney have withdrawn the appeal.

The Veteran's service-connected disabilities rendered him unable to obtain and follow substantially gainful employment, leading to a TDIU award effective April 1, 2017.

The Veteran's low back disability is currently rated at 20 percent, which adequately reflects the extent of functional impairment and pain he experiences. The criteria for a higher rating have not been met.

The Board has determined that there is not enough evidence to support a finding that the Veteran's current lumbar strain began during active service or is related to an in-service injury or disease. The Veteran's complaints of back pain were inconsistent and did not result in an official diagnosis of a lumbar strain.

The Board has determined that the Veteran's claims for earlier effective dates and increased evaluations are remanded due to a duty to assist error. The issues of entitlement to TDIU are also remanded as they are inextricably intertwined with the other issues.

The Board denied the Veteran's claims for an effective date prior to November 1, 2018, for service connection of a lumbar spine disability and associated left lower extremity radiculopathy. The decision stated that there was no legal entitlement to an earlier effective date as the August 2014 rating decision denying the Veteran's claim became final when he did not timely perfect an appeal.

The Veteran's claim for an earlier effective date for the grant of service connection for arthritis and low back pain is denied. The Board found that no clear and unmistakable error (CUE) was present in either the November 1959 or June 2019 rating decisions, and thus, an earlier effective date is not warranted.

The Veteran's lumbosacral strain was incurred during his active military service and the Board granted service connection for this condition.

The Board has granted service connection for migraine headaches, finding that the Veteran's current migraines began during active service. However, the Board denied service connection for a lumbar strain (claimed as degenerative disc disease), concluding that there is no evidence of a nexus between the current condition and service.

The Veteran's LLE radiculopathy is rated at 20 percent, RLE radiculopathy at 10 percent, and DDD/IVDS of the lumbar spine at 10 percent. The appeal for higher ratings has been denied.

The Veteran's claim for service connection for bilateral hearing loss was denied as there is no current diagnosis of bilateral hearing loss per VA standards.,The restoration of the 20 percent rating for herniated lumbar disc L5-S1 and compression fracture T12 with degenerative arthritis from May 7, 2019, to the present was granted.

The Veteran withdrew his appeal for service connection of a lumbar spine disability, and the Board dismissed the case as a result.

The Veteran's claim for a higher rating for thoracolumbar degenerative disc disease was denied. The Board found that the evidence did not meet the criteria for a higher rating, as his range of motion and muscle spasm were within acceptable limits. For the left shoulder disability, new and relevant evidence has been submitted since the last final denial in 2006, allowing the claim to be readjudicated.

The Veteran's claim for increased ratings for her lumbar strain is remanded due to the need for an adequate VA examination.