Back / lumbar spine Board decisions

The Veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful employment.

The Board has granted the Veteran's claim for service connection for a back condition, previously claimed as a lumbar strain. The decision finds that his current diagnosis of a back condition began during active duty and is related to his military service.

The Board denied claims for higher initial ratings for bilateral lower extremity radiculopathy and residual scars status post lumbar laminectomy as the earliest effective dates are August 6, 2020, based on receipt of a VA 21-2680 Examination for Housebound Status or Permanent Need for Regular Aid and Attendance.

The Board has decided to remand the claims of service connection for arthritis, right knee; lower back condition; right rib condition; and obstructive sleep apnea due to duty-to-assist errors. The AOJ is required to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's disability rating for lumbar spine disability was restored to 50 percent effective October 1, 1997, due to a reduction in his combined disability rating.

The Board has granted service connection for a back condition but has remanded the issue of secondary service connection for a right knee condition due to potential aggravation by the service-connected back condition.

The Veteran's lower back pain and neck condition are granted as service-connected, with the Board finding that his current conditions were caused by his military service.

The Veteran's claims for increased ratings were denied. The rating in excess of 10 percent for lumbosacral degenerative disc disease with degenerative joint disease, the compensable rating for scar status post lumbar fusion L5-S1, and the initial evaluation in excess of 10 percent for tinnitus have all been denied.

The Veteran's increased ratings for service-connected intervertebral disc syndrome (IVDS) with degenerative disc disease status-post discectomy of the lumbar spine and associated left lower extremity radiculopathy of the sciatic nerve are denied as it is not factually ascertainable that an increase in severity occurred within one year prior to April 17, 2020.

The Board has remanded the claims for service connection for lumbar spine condition, sciatica of the bilateral lower extremities, and bilateral hips due to outstanding VA records. The Veteran's treatment records from Fayetteville VAMC need to be re-associated with the claims file.

The claim for service connection for a low back disability is granted.,The claims for service connection for right knee patellofemoral pain syndrome and left knee patellofemoral pain syndrome are also granted.

The Board has found that new and relevant evidence has been received with respect to the appeal for entitlement to service connection for a lumbar spine disability. The AOJ decision on appeal did not find that new and relevant evidence was received, so the claim is remanded for readjudication.

The Veteran's GERD has been aggravated by his service-connected bilateral knee disability, and he is granted service connection for this condition. However, the lumbar spine and left shoulder disabilities are not found to be related to service.

The Veteran's TDIU from April 1, 2020 is denied as the evidence does not show that his service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment.

The Board denied the Veteran's request for an earlier effective date for service connection due to lack of evidence showing entitlement arose prior to April 30, 2024.

The Board has granted service connection for OSA on a secondary basis to the Veteran's service-connected PTSD. The claims of entitlement to service connection for back and right knee disabilities are remanded due to duty-to-assist errors.

The Veteran's appeal for a higher initial rating for tinnitus was dismissed. The Board also remanded her claims for bilateral hearing loss, degenerative arthritis of the lumbar spine, right lower extremity radiculopathy, and TDIU.

The Veteran withdrew their appeal regarding the lumbar spine disability, and as a result, the appeal is dismissed.

The Veteran's PTSD and tinnitus are granted service connection, while anxiety is denied. The Veteran's degenerative arthritis of the lumbar spine and right knee patellofemoral pain syndrome do not meet the criteria for service connection.,Service connection for left elbow tendinitis is remanded due to lack of evidence.

The Veteran's hypertension is not service-connected and the Board finds it was not caused by or aggravated by his low back disability.,His radiculopathy of the right lower extremity and left lower extremity are both rated at 20 percent, as per the appeal period.