Back / lumbar spine Board decisions

The Veteran's rating for thoracolumbar DDD and DJD was reduced from 60% to 40%, effective July 1, 2020. The Board has restored the 40% rating based on evidence showing improvement in his condition.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's lumbar spine disability, specifically whether it is related to service or secondary to his service-connected bilateral ankle disabilities.

The Veteran's lumbar spine disability is currently rated at 10 percent, but does not meet the criteria for a higher rating based on the current evidence.,The Veteran's right knee disability is currently rated at 10 percent, and does not meet the criteria for a higher rating based on the current evidence.,The Veteran's right ankle disability has not been manifested by marked limitation of motion.

The Board denied the Veteran's appeals for earlier effective dates for TDIU and DEA eligibility, stating that service connection was not established prior to April 29, 2010, and therefore, no earlier effective date could be assigned.

Service connection for tinnitus is granted.,Service connection for bilateral hearing loss is denied.,Service connection for thoracolumbar spine disability is denied.,Service connection for sleep apnea is denied.,Service connection for nerve damage/right lower extremity radiculopathy is denied.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to January 31, 2020. The Board denied the claim for TDIU as his employment as a VA police officer was considered substantial gainful employment.

The Veteran's appeal for a compensable rating for bilateral hearing loss is denied. The Board has remanded several issues including service connection for various disabilities due to missing STRs and incomplete VA treatment records.

The Veteran's appeal is remanded for additional examinations to address the severity of his lumbar spine and right hip disabilities, as well as for clarification on conflicting findings regarding ankylosis. The TDIU claim is also remanded.

The Board has granted service connection for low back disability, left and right lower extremity radiculopathy, all secondary to the Veteran's service-connected low back condition.

The Veteran's claim for increased ratings for his service-connected lumbosacral strain is remanded due to the need for a VA examination to assess the current severity of his disability during the periods on appeal.

The Veteran's initial rating for his back disability, right knee disabilities (including right lower extremity radiculopathy), and left knee disabilities have been denied. The appeals are based on the severity of these conditions without any indication of service connection through a presumption or secondary theory.

The Veteran's neck and upper back disabilities, as well as her left upper extremity radiculopathy, are granted service connection.,However, the Veteran's right upper extremity radiculopathy, left lower extremity radiculopathy, right lower extremity radiculopathy, and right shoulder condition do not meet the criteria for service connection.

The Board has remanded the cases for additional development due to insufficient evidence regarding the etiology of the Veteran's claimed disabilities, particularly in relation to service connection.

The Veteran's back disability was rated at 10 percent prior to March 19, 2020 and 40 percent thereafter. The rating for neck disability was also rated at 10 percent prior to March 19, 2020 and 30 percent thereafter.,The Veteran's back disability did not meet the criteria for a higher rating as it did not result in forward flexion limited to 60 degrees or less or a combined range of motion of the thoracolumbar spine limited to 120 degrees or less, even with consideration of functional loss.

The Board has decided that the AOJ improperly withheld VA compensation benefits for training days during FY 2019. The case is being remanded to clarify the number of training days performed by the Veteran and verify his military drill pay.

The Board has remanded the claims for service connection for right knee and low back disabilities as secondary to service-connected left knee and right foot disabilities due to a lack of VA medical opinions addressing these issues.

The Veteran's initial rating for scar, residual TMJ scope was granted at 10 percent. Service connection for a back disability and bilateral hearing loss disability were denied, while service connection for a skin disability and a rating in excess of 20 percent for TMJ syndrome are remanded.

The Veteran's service connection claims for various conditions, including diabetes mellitus type II and erectile dysfunction secondary to DMII, are granted. However, the claims for cervical spine disability, lumbar spine disability, left shoulder disability, right shoulder disability, left hip disability, right hip disability, traumatic brain injury (TBI), and headache disability are remanded due to duty-to-assist errors.

The Veteran's lumbar spine disability has been rated at 20 percent since March 4, 2019. The Board found that the evidence did not warrant a higher rating as there was no evidence of ankylosis or flexion limited to 30 degrees or less.

The Board has remanded the Veteran's claims for cervical and lumbosacral strain disabilities due to inadequate reasons and bases in the consideration of VA examinations conducted in December 2017.