Back / lumbar spine Board decisions

The veteran's appeal requests for service connection for bilateral hearing loss, low back disorder, and tinnitus were denied due to untimely filing of the Board Appeal request.

The Board granted service connection for a low back disability, including degenerative disc and joint disease, finding that the condition had onset during active duty service.

The Board granted a rating of 40 percent for the Veteran's low-back condition, as the evidence supports forward flexion limited to 30 degrees or less during flare-ups.

The Board denied a disability rating in excess of 50 percent for the Veteran's service-connected acquired psychiatric disability but granted a total disability rating based on individual unemployability (TDIU).

The Board denied service connection for bilateral hearing loss, a low back disability, and a compensable evaluation for asthma. The 10 percent rating for tinnitus was also denied.

The Board granted service connection for a bilateral shoulder condition, a bilateral knee condition, and a back condition based on the Veteran's credible reports of in-service symptoms that persisted post-service.

The Board dismissed the appeal for a rating in excess of 70 percent for posttraumatic stress disorder and granted earlier effective dates for service connection for tinnitus, lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, and obstructive sleep apnea. It also granted a TDIU from March 24, 2023, and SMC at the housebound rate.

The Veteran's service-connected disabilities, including left knee strain post meniscectomy with degenerative arthritis and ankylosis, degenerative disc disease lumbar spine with stenosis and disc bulge, limitation of extension of the right knee, chronic right knee strain, impairment of the knee, residuals of left fractured ribs, tinnitus, hearing loss, and a scar associated with the left knee, were productive of functional impairment which precluded substantially gainful employment from January 26, 2015 through September 21, 2017.

The Board remands the claims for a disability rating in excess of 20 percent for lumbosacral strain and service connection for right ear hearing loss due to pre-decisional duty to assist errors.

The Board denied service connection for a femoral hernia, left ear hearing loss, and a compensable disability rating for right ear hearing loss. The initial disability rating in excess of 20 percent for lumbosacral strain was also denied.

The Board remands the claims for service connection for an acquired psychiatric disorder, right knee disability, left knee disability, and lower back disability due to a pre-decisional duty-to-assist error.

The Board denied service connection for various disabilities, including hearing loss, spine and knee conditions, psychiatric disorders, and chronic headaches.

The Board remands the claims for service connection for diabetes mellitus, type II, a right shoulder disorder, and a right ankle disorder as secondary to lumbar spine intervertebral disc syndrome and degenerative disc disease with mechanical low back pain due to inadequate VA medical opinions.

The Board granted the Veteran's entitlement to special monthly compensation (SMC) at the rate under 38 U.S.C. § 1114(o) based on the presence of two SMC(l) awards. The SMC(o) rate is warranted because the Veteran has suffered disability under conditions that would entitle him to two or more of the rates provided in subsections (l) through (n), with no condition being considered twice.

The Board granted service connection for tinnitus and a left shoulder disability, but denied service connection for a back disability, skin disorder, and bilateral hearing loss.

The Board granted a 20 percent rating for left and right lower extremity sciatic nerve radiculopathy, but denied ratings in excess of 10 percent for femoral nerve radiculopathy and higher ratings for back disability with IVDS and right shoulder disability.

The veteran withdrew all appeals, and the Board has no jurisdiction to review them.

The Board remands the claims for revision of an April 2017 rating decision that denied service connection for TBI and a February 2020 rating decision that reduced the Veteran's disability rating for thoracolumbar spine degenerative arthritis, both on the basis of clear and unmistakable error (CUE).

The Board remands the service connection claim for a low back disability due to missing records from the Veteran's first period of service.

The Board denied service connection for a bilateral foot condition and denied increased ratings for various conditions, but granted an initial 10 percent rating for a pilonidal cyst scar from March 7, 2024 and granted TDIU.