Back / lumbar spine Board decisions

The Board has granted an effective date of August 14, 2024 for the award of a 40 percent rating for service-connected chronic compression fracture at T7 with lumbar spondylosis and thoracolumbar strain.

The Veteran's peripheral neuropathy of the right upper extremity, spinal disability, and hypertension with acute renal failure are all granted. The rating for spinal disability is restored to 20 percent effective January 6, 2020. An increased rating for hypertension with acute renal failure is denied.

The Board denied the Veteran's claims for earlier effective dates as they were received more than one year after her intent to file a claim, and no good cause extension was requested.

The Veteran's claims for depression, insomnia, migraine headaches with dizziness, obstructive sleep apnea, left ear hearing loss, seizure disorder, right knee disorder, and low back disorder are all granted. The service connection is presumed based on in-service exposure to tear gas.

The Veteran's service connection claims for degenerative disc disease with intervertebral disc syndrome and post traumatic osteoarthritis of the lumbar spine, as well as related radiculopathies affecting both lower extremities, were granted effective September 3, 2020.

The Board has remanded the cases for further development and opinion regarding service connection for diabetes, right hip condition, and an effective date for the increased rating of lumbar spondylosis.

The Veteran's claims for service connection for hypertension, gastroesophageal reflux disease (GERD), low back disability, neck (also claimed as upper back) disability, and eye disability are all denied. The Board found no current diagnoses of these conditions during the appeal period.

The Board has determined that new and relevant evidence supports readjudication of the claims for CTS of the right upper extremity, left upper extremity, right ankle disorder, and lumbar spine disorder.,Service connection is granted for CTS of the right upper extremity, CTS of the left upper extremity, right ankle disorder, and secondary service connection for a lumbar spine disorder due to a right ankle disorder.

The Board found the reduction in disability evaluation from 40% to 20% was improper and void ab initio due to inadequate examination for reduction.

The Board has determined that the Veteran's claims for neck and back disabilities should be remanded due to a duty to assist error. The Veteran will need to undergo VA examinations to determine the nature and etiology of his current neck and back disabilities.

The Board has determined that the Veteran's low back disability is related to his service, and therefore grants service connection for this condition.

The Board has dismissed the appeal for an initial compensable rating for bilateral hearing loss. Service connection is granted for TMJ disorder and low back condition, but service connection for dental injury top left rear teeth remains remanded.

The Veteran's lower back disability, tinnitus, and left knee disabilities have been granted service connection. The Veteran's bilateral hearing loss has not met the criteria for a compensable rating.

The Board has remanded the claims of service connection for degenerative disc disease, left knee joint osteoarthritis, and right knee joint osteoarthritis due to inadequate medical opinions in the May 2025 rating decision.

The Board denied the claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.

The Veteran's hypertension, back, left knee, right knee, left hip, and right hip disabilities are granted. However, the claims for bilateral lower extremity neuropathy, bilateral upper extremity neuropathy, left shoulder disability, and neck disability are remanded due to a failure to provide a VA examination.

The Veteran's claim for a clothing allowance for the 2021 calendar year due to use of his back brace is remanded as there was insufficient notice in the April 2021 denial letter and missing documents memorandum.

The Board has granted service connection for depressive disorder due to medical condition, which is related to the Veteran's service-connected pes planus with tendinitis and plantar fasciitis. The rating assigned is 100 percent.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence to support the Veteran's contention that his left shoulder condition was caused by or incurred in service, and denied his claim for service connection. His psychiatric disorder was rated at 50 percent effective October 21, 2020, but the Board agreed with the AOJ's decision not to grant a higher rating.

The Veteran's claim for SMC based on the need of regular aid and attendance has been granted. The case is remanded due to errors in obtaining necessary evidence for a TDIU rating.