Back / lumbar spine Board decisions

The Veteran's TDIU and DEA benefits are granted from August 25, 2008. The effective date for TDIU is established based on the earliest claim of service connection for a lumbar spine disability, while the effective date for DEA benefits is set to match the TDIU grant.

The Board has granted service connection for the Veteran's low back condition and sciatica of both lower extremities, finding that these conditions are related to his military service.

The Board has granted the petition to readjudicate the claims of entitlement to service connection for a left knee disability and a back disability, but has remanded both claims due to new evidence presented by the Veteran during his hearing. The AOJ will need to provide additional medical opinions regarding the etiology of these disabilities.

The Veteran's low back, right lower extremity sciatic radiculopathy, right ankle, and left ankle disabilities were evaluated at the current ratings of 20 percent. The Board found that these conditions did not warrant higher ratings based on limitation of motion or other factors.

The Board has determined that the Veteran's back condition began during active service and is therefore granted service connection.

The Veteran's claims for increased ratings for lumbar spine disability and lumbar scar were denied. The Board found no evidence of unfavorable ankylosis in the lumbar spine, and there was no neurological abnormalities warranting separate ratings other than bilateral lower extremity radiculopathy. For the lumbar scar, a compensable rating prior to December 23, 2020, and in excess of 10% thereafter, was denied.

The Board has denied service connection for Posttraumatic Stress Disorder, Low Back Condition, and Neck Condition during the appeal period.

The Board denied the Veteran's request for an earlier effective date for service connection of a low back disorder, finding that no prior decision was final and thus no effective date could be assigned.

The Veteran's claim for restoration of a 40% rating for DJD of the lumbosacral spine from September 30, 2019 is granted. Claims for higher ratings are denied.

The Board has remanded the claims for service connection due to new medical opinions being needed on whether the Veteran's service-connected right knee disability caused or aggravated his claimed conditions, including CAD, hypertension, OSA, pancreatic cyst, lumbar spine disorder, type II diabetes mellitus, diabetic retinopathy, diabetic nephropathy, peripheral vascular disease, testosterone deficiency, colon disorder, and foot disorder.

The Veteran's claim for service connection for left ear hearing loss is denied as there is no evidence of a current disability meeting the criteria under VA regulations.,Service connection for PTSD is denied because the Veteran does not meet the diagnostic criteria for PTSD in accordance with DSM-5.

The Board has remanded the case due to a duty-to-assist error, requiring the AOJ to provide the Veteran with a VA back conditions examination and medical nexus opinion regarding his thoracolumbar spine disorder.

The reduction in rating from 10% to non-compensable for a right hip strain, limitation of flexion was improper and is void ab initio; therefore, the appeal is granted.,An increased rating in excess of 10% for a right hip strain, limitation of extension is denied.,An initial compensable rating for a right hip strain, limitation of abduction/adduction is denied.,From July 31, 2017, an increased rating in excess of 10% for a back condition is denied.

The Veteran's appeals for increased ratings were denied. The Board found that the evidence did not support a higher rating than 10 percent for right ankle disability, right knee disability, left knee disability, or right and left knee instability under either pre- or post-amended criteria. A separate 10 percent rating was granted for right knee instability and left knee instability. The Veteran's back disability received an initial 40 percent rating from June 9, 2014 to March 24, 2020, but the Board denied a higher rating as of March 25, 2020. Migraines were rated at 30 percent and PTSD was not found to warrant a higher than 50 percent rating.

The Board has remanded the claims for service connection due to insufficient evidence and a need for further examination. The Veteran's headache disorder, PTSD, and lumbar spine disorder are not currently service-connected.

The Veteran's claim for increased ratings for left knee osteoarthritis and earlier effective dates for service connection are being remanded.,The initial rating for left knee osteoarthritis with limitation of flexion is denied, as the motion does not meet the criteria for a higher rating.

The Board has granted service connection for a low back disability and denied service connection for bilateral shin splints. The decision on left knee osteoarthritis is pending.

The Board has remanded the Veteran's claims for gastrointestinal, esophageal, and low back disabilities due to exposure to burn pits during service in the Persian Gulf. The claims are being remanded for additional examinations and opinions.

The Board has granted service connection for the Veteran's low back disability, which includes congenital anomaly of the thoracolumbar spine, epiphysitis, and degenerative disc disease with bilateral lower extremity radiculopathy. The issue of TDIU is remanded due to its inextricability from the grant of service connection.

The Board has determined that the Veteran's low back and bilateral knee disorders are proximately due to his service-connected disabilities, specifically obesity as an intermediate step. As such, these conditions have been granted on a secondary basis.