Back / lumbar spine Board decisions

The Veteran withdrew his appeals regarding the claims for service connection for a back disorder and a bilateral foot condition.

The Veteran's service-connected back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are currently rated at 20 percent each. The Board finds that a higher rating is not warranted under the applicable criteria.

The appeal for increased ratings for bilateral knee disorders, a lumbar spine disorder, and PTSD is dismissed due to the invalidity of the Veteran's VA Form 10182.

The Board has decided to remand the claims of service connection for left knee, right knee, and back disabilities due to pre-decisional duty to assist errors. New examinations are required.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also established.

The Veteran is seeking a temporary total rating for his service-connected cervical spine and lumbosacral strain disabilities due to convalescence after surgery. The RO failed to adjudicate this claim in its November 2020 decision, so the case is being remanded.

The Board has found that there were pre-decisional duty to assist errors and remands the issues of service connection for various ankle, knee, foot, and back disabilities. The AOJ must provide new VA examinations and obtain adequate medical opinions.

The Veteran's claim for bilateral hearing loss is denied as there is no current diagnosis of hearing loss that meets the regulatory threshold.,The Veteran's claim for psychiatric disorder is denied as there is no evidence linking his current condition to service.

The Board has denied the Veteran's claims for service connection for a lower back disability and bilateral hearing loss. The decision on the lower back disability claim is due to lack of in-service injury or event, while the hearing loss claim requires obtaining the actual audiometric test results.

The Board denied the Veteran's claims for service connection for a neck condition and migraine headaches, as well as his increased rating claims for left foot pes planus with DJD of the left great toe and right foot pes planus with DJD of the right great toe. The lumbosacral spine degenerative disc disease was also denied.

The Board has granted service connection for degenerative arthritis of the spine, lumbar stenosis, and disc herniation as well as right lower extremity radiculopathy secondary to these conditions. The decision is based on credible lay evidence and VA medical opinions that support a finding of in-service injury and continuity of symptoms since separation from service.

The Board has restored the Veteran's disability rating for lumbosacral strain, degenerative arthritis and IVDS with bilateral mild sciatic radiculopathy from 60% to 60%, effective July 1, 2020.

The Veteran's claim for an effective date prior to May 28, 2020, for the grant of a 40 percent evaluation for service-connected lumbar spine disability and TDIU is denied. The effective date is fixed in accordance with the facts found.

The Veteran's claims for service connection have been remanded due to insufficient medical opinions and potential procedural errors. The Board will seek additional information from VA medical professionals.

The Veteran's bilateral hearing loss is denied as there is no evidence of a nexus between the condition and active service.,The Veteran's right wrist tendon strain, right ankle tendonitis, and lumbar disability are remanded for further evaluation due to inadequate examination reports.,Service connection for an acquired psychiatric disorder (PTSD) is remanded due to incomplete VA records not being obtained.

The Veteran's initial claim for a lumbar spine disability was granted in March 2002 with a 20% rating. The Board increased the rating to 40% effective May 3, 2023. TDIU was also granted from May 1, 2009, to March 19, 2019.

The Veteran's appeal for service connection for a lower back condition was dismissed because he requested to withdraw his appeal.

The July 17, 2019 rating decision was revised to grant service connection for arthritis of the lumbar spine and flat feet due to errors in applying presumptive service connection provisions.

The Veteran's claim for an increased rating for diabetes mellitus type II was denied as the evidence did not show that his diabetes required more than one daily insulin injection and a restricted diet. The Veteran also received a TDIU due to multiple service-connected disabilities.

A disability rating of 70 percent for PTSD from March 23, 2020 to May 11, 2020 has been granted.,The Veteran's PTSD symptoms have resulted in significant occupational and social impairment but not total occupational and social impairment.