Back / lumbar spine Board decisions

The Board has determined that the Veteran's left hip disability, including femoroacetabular impingement syndrome and degenerative disc disease status post total hip arthroplasty, likely began during his active duty training (ACDUTRA) in 2010. As a result, service connection for this condition is granted.

The Veteran is granted a clothing allowance for the year 2022 due to the use of his bilateral knee and lumbar spine braces, which caused wear and tear on his clothing.

The Veteran's service-connected disabilities, including restrictive lung disease, lumbosacral strain with degenerative arthritis, left wrist strain with degenerative arthritis, hypertension, gastroesophageal reflux disease (GERD), and residual of right ear otitis media, have rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected disabilities did not render him unemployable during the period from August 27, 2003 to August 21, 2014. The Board found that he was capable of performing sedentary work with a sit/stand accommodation.

The Veteran's claim for a higher rating for lumbar strain, left upper extremity neuropathy (ulnar nerve), and right upper extremity neuropathy (ulnar nerve) was denied. However, the Veteran received an initial rating of 20 percent for radiculopathy of the left lower extremity (femoral nerve).

The Board has dismissed the Veteran's claims for service connection due to lack of error in decision-making. The Veteran was granted service connection for low back strain and right lower extremity femoral radiculopathy, effective June 15, 2021.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective from the date of this decision.,The Veteran's right lower extremity radiculopathy was initially rated at 20 percent prior to April 2, 2019, and has been remanded for further evaluation.

The Veteran's TBI, GERD, headaches, ED, right knee arthritis, left hip strain, and right hip strain are all granted service connection.,Service connection for degenerative disc disease of the thoracolumbar spine is also granted as secondary to right knee arthritis.

The Veteran's claims for increased evaluations and effective dates are being remanded due to a duty to assist error.,The matters of an earlier effective date for TDIU and establishing basic eligibility for DEA benefits are also being remanded.

The Board has remanded the claims for service connection due to a lack of examinations and etiology opinions regarding the Veteran's back condition, right leg condition, left ankle condition, and headaches. The AOJ is instructed to obtain these examinations and opinions.

The appeal on the issue of entitlement to service connection for a left hip disability is dismissed.,The appeal on the issue of entitlement to service connection for a right hip disability is dismissed.,The appeal on the issue of entitlement to service connection for a back disability, claimed as a lower back condition is dismissed.,Entitlement to service connection for tinnitus is granted.,Entitlement to service connection for bilateral hearing loss disability is granted.,The appeals on the issues of entitlement to service connection for an acquired psychiatric disorder are remanded.

The Board has remanded the Veteran's claims for increased disability ratings for her service-connected cervical and lumbar spine disabilities due to inadequate VA examinations. The AOJ should consider separate ratings for any associated neurological conditions.

The reduction of the disability rating for spinal stenosis with disc protrusion, degenerative arthritis, and lumbosacral strain from 20 percent to 10 percent was improper as there is no sustained improvement in the Veteran's condition that would be reasonably maintained under ordinary conditions.

The Board has remanded the claims of service connection for back disability, left hip disability, and right hip disability due to a duty to assist error.

The Veteran's request for an extension of time to file a VA Form 10182 seeking to appeal the April 2021 rating decision was granted. The May 23, 2023 form is deemed timely.

The Veteran's low back strain/sprain is rated at 20 percent, but no higher, for the period on appeal.,Ratings for right and left lower extremity radiculopathy are denied as they do not meet the criteria for a disability rating in excess of 10 percent.

The Board has granted service connection for a lower back disability, finding that the current condition is related to an in-service motorcycle accident. The claim was reopened due to new and relevant evidence received since the previous denial.

The Board has remanded the claims for PTSD, chronic lower back condition, and HTN due to insufficient medical evidence on file. The Veteran is not afforded a VA examination to address the nature and etiology of the claimed conditions.

The Board has determined that the Veteran's low back disability had its onset during service and is related to his military service, granting service connection for this condition.

The Board denied service connection for a lumbar spine disorder and bilateral lower extremity radiculopathy, finding that the Veteran's conditions were not incurred or aggravated by his military service.,Service connection was also denied for bilateral lower extremity radiculopathy as secondary to a lumbar spine disorder.