Back / lumbar spine Board decisions

The Board has remanded the cases due to insufficient evidence regarding service connection for a back disorder and an acquired psychiatric disorder. The claims are being returned for further development.

The Board has granted the Veteran's claims for service connection for lumbar spine disability, right hip disability, right foot disability, and left lower extremity radiculopathy as secondary to his service-connected lumbar spine disability.

The Veteran's claim for tinnitus was denied as there is no current diagnosis. The claim for increased rating in excess of 20 percent for diabetes mellitus with erectile dysfunction and the separate rating for bilateral lower extremity peripheral neuropathy of the femoral nerve due to diabetes mellitus were both denied. A staged rating of 40% for bilateral lower extremity peripheral neuropathy of the sciatic nerve from May 26, 2012 was granted. The claim for increased rating in excess of 70 percent for PTSD was also denied.

The Veteran's claim for a higher rating for her back disability from April 23, 2014, is denied. The most probative evidence does not show that the Veteran's back disability meets or approximates the criteria for a higher rating.

The Board has remanded the claims for further development due to outstanding VA treatment records and a need for additional examinations. The issues include increased ratings for lumbar spine disability, migraine headache disability, and TDIU prior to September 30, 2023.

The Board has granted service connection for lumbosacral and left hip osteoarthritis (OA) as caused or aggravated by service-connected bilateral knee OA.

The Board has remanded the claims of entitlement to service connection for fibromyalgia, lower back disability, and bilateral lower extremity radiculopathy due to their inextricable interrelation with the pending claim of service connection for fibromyalgia. The issues are being deferred until the fibromyalgia issue is resolved.

The Board denied service connection for headaches, blurry vision, vertigo, low back disability, and left lower extremity radiculopathy as there was no evidence linking these conditions to the Veteran's military service or any exposure to hazardous chemicals.

The Veteran's thoracolumbar spine disability is rated at 40 percent, which does not meet the criteria for a higher rating.,The Veteran's right ankle disability is currently rated at 10 percent and does not meet the criteria for a higher rating.,The Veteran's TBI with psychiatric disability is rated at 70 percent, meeting the criteria for this rating.,The Veteran's left lower extremity radiculopathy is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's right lower extremity radiculopathy is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's headaches are currently rated at 30 percent and do not meet the criteria for a higher rating.

The Board has decided to remand the Veteran's claim for a lumbar disability as there was an error in obtaining a proper medical opinion regarding whether her service-connected insomnia caused or aggravated her lumbar disability.

The Board has remanded the Veteran's claims for service connection due to pre-decisional duty to assist errors in not obtaining opinions on whether his current disabilities are related to his service-connected right knee disability, and for a comprehensive mental health examination.

The Veteran's thoracolumbar post-traumatic arthritis is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.,The Veteran's TMJ is currently rated at 10 percent without dietary restrictions to soft or semi-solid foods. The Board found no basis for an increased rating.

The Veteran's service-connected disabilities, including PTSD, degenerative disc disease with spinal stenosis, right and left lower extremity radiculopathy, tinnitus, and erectile dysfunction, prevent him from securing or maintaining substantially gainful employment. The Board has granted his claim for individual unemployability (TDIU).

The Board has granted service connection for degenerative disc disease, L5-S1, but denied service connection for right rotator cuff tendinopathy.,The Veteran's lower back condition is considered presumptively related to his military service.

The Veteran's claims for service connection for lumbosacral strain, cervical strain, and right foot peripheral neuropathy are remanded due to duty-to-assist errors in obtaining medical opinions that did not adequately address the relationship between the conditions and service.

The Veteran's initial claim for a higher rating for lumbar spine disability prior to February 8, 2021 was denied. The effective date of the 40 percent rating for lumbar spine disability on February 8, 2021 is also denied.,The Veteran's right knee instability from September 3, 2020 was granted a 10 percent rating.

The Veteran's acquired psychiatric disorder, including unspecified depressive disorder, is granted as secondary to his service-connected right knee disability. The claim for readjudication of the low back disability is also granted.

The Board has remanded the cases for further development and consideration due to procedural errors, including a duty-to-assist error in the January 2023 rating decision. The Veteran's low back disability is being considered secondary to his service-connected left knee disability.

The Veteran's back disability is related to service and the Board has granted entitlement to service connection.

The Veteran's service-connected disabilities, including chronic sinusitis and migraines, have rendered him unable to secure or follow a substantially gainful occupation since November 8, 2010.