Back / lumbar spine Board decisions

The Board has remanded the claims of service connection for low back, right hip, and left hip disabilities due to new evidence received after the February 2015 denial. The AOJ will consider this new evidence in its adjudication.

The Veteran's bilateral hearing loss is granted as service connected. The thoracolumbar spine disorder issue is remanded for further adjudication.

The appeal of the claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU) is dismissed as it was not validly opted-in to the Appeals Modernization Act (AMA) system and remains pending in the Legacy system.

The Veteran's low back disability is rated at 40 percent prior to July 28, 2015. The Veteran's left sciatic nerve radiculopathy is currently rated at 10 percent. The issue of TDIU due to service-connected disabilities is moot and dismissed.

The Veteran's claim for an effective date earlier than October 3, 2015, for the grant of service connection for a back condition is denied. The Veteran's request for an increased disability rating in excess of 10 percent for his back condition is also denied.

The Board has granted service connection for right and left knee disabilities, as well as gastrointestinal tract disability (to include hemorrhoids and/or fissures).,Service connection is also granted for lumbosacral strain and initial evaluation of left lower extremity radiculopathy.

The Veteran's claim for a higher evaluation for his service-connected degenerative disc disease of the cervical spine is being remanded due to inadequate examination and lack of consideration of flare-ups.

The Board has determined that the Veteran's degenerative disc disease is etiologically related to his service, resolving all doubts in favor of the Veteran.

The Board has restored a 20 percent rating for the Veteran's lumbar spine disability effective March 9, 2022. The claim for service connection for PTSD was denied.

The Veteran's migraine headaches are rated at 30 percent, and service connection is granted for a low back disorder, bilateral pes planus, but RLE and LLE radiculopathy are denied.

The Board has dismissed the Veteran's appeals regarding service connection for traumatic brain injury, cervical spine injury, thoracic spine injury (claimed as low back injury), headaches, right knee pain, and right hip condition due to their docketing under the AMA system. The claims continue to reside in the legacy system.

The Veteran's asthma is related to exposure to burn pits while serving in Saudi Arabia. The Board granted service connection for this condition, finding it meets the criteria for presumptive service connection under the PACT Act.

The Board has remanded the Veteran's claims for service connection due to incomplete service records and potential exposure during service. The Veteran's low back disability, sciatica, and sleep apnea are being examined again to determine their etiology.

The Veteran's service connection for headaches as secondary to his service-connected depression is granted. The case of the low back disability remains pending and will be remanded.

The Veteran's lumbosacral strain with degenerative changes of the lumbar spine was granted a rating of 40 percent from November 9, 2015 to September 10, 2019. Prior to this period and as of September 10, 2019, the disability did not meet the criteria for higher ratings.

The Board denied the Veteran's claim for service connection for a back disability and dismissed his appeal for entitlement to total disability based upon individual unemployability (TDIU) as moot due to his receipt of a 100% disability rating.

The Board has withdrawn the appeals for Right Knee and Right Ankle disabilities due to withdrawal by the Veteran. The Low Back Disability appeal is being remanded for further evaluation.

The Veteran's cervical spine degenerative disc disease is rated at 30 percent disabling, and his left ankle tendonitis and fracture are rated at 10 percent disabling. The Veteran was granted TDIU for the appeal period prior to June 1, 2017.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's back condition and its relationship to his military service.

The Veteran's service-connected disabilities prevented him from securing and following a substantially gainful occupation prior to December 7, 2011.