Back / lumbar spine decisions — 2022

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another person to perform personal care functions of everyday living or to protect himself from hazards and dangerous incidents.

The Veteran's claim for service connection for a lumbosacral strain was granted with an effective date of May 19, 2021. The Board found in favor of the Veteran and granted this earlier effective date.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding her chronic fatigue syndrome, low back disability, left lower extremity neuritis, and right lower extremity neuritis. The VA must obtain an opinion on whether these conditions are related to active service or a presumptive exposure basis.

The Veteran's TDIU claim was denied as he was not found to be unable to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Board has decided that the Veteran's claims of service connection for degenerative joint disease, cervical spine; degenerative joint disease, lumbar spine; right knee condition; and left knee condition are remanded due to missing records and a duty to assist error.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities due to inadequate VA examination opinions regarding the onset of these conditions during or within one year after service.

The Veteran's appeal was dismissed due to his death before the Board could hear his case. The claims for service connection and TDIU are moot as he died during the pendency of these appeals.

The Board denied the Veteran's claim for SMC based on aid and attendance due to a lack of evidence showing that his service-connected disabilities rendered him helpless enough to need regular aid and attendance.

The Veteran's appeal for increased disability ratings and TDIU is being remanded due to the need for additional examinations to assess his current symptoms and conditions.

The Board has determined that additional development is needed for the Veteran's claims of service connection for lumbar spine, right knee, and left knee disorders due to noncompliance with previous remand directives. The claims are being returned to the AOJ for further action.

The Board has remanded the case to obtain a VA addendum opinion regarding the Veteran's lumbar spine disability. The claim for service connection will be further evaluated based on the available evidence.

The Board has reopened the Veteran's claim for service connection of a back disability and granted it, finding that there is sufficient evidence to establish a nexus between the Veteran's current condition and his active service.

The Board has found that further evidentiary development is necessary and the case is remanded to ensure compliance with its prior remand instructions.

The Board has granted service connection for a back disability as secondary to the Veteran's service-connected bilateral pes planus. The issues of increased ratings for bilateral pes planus and peptic ulcer disability remain in appellate status.

The Board denied service connection for a low back disability, skin condition, tinea pedis, and seborrheic dermatitis. The claim was reopened due to new evidence submitted, but the underlying claims were ultimately denied.

The Veteran's lumbar spine disability is rated at 20 percent prior to August 2, 2021 and at 50 percent from August 22, 2014 for migraine headaches. The case of service connection for a left knee disability (secondary to service-connected right foot disability) and increased rating for partial complex epilepsy is remanded.

The Veteran's degenerative disc disease with L5-S1 disc protrusion, left and right lower extremity sciatic nerve radiculopathy, urinary frequency, and residual scars associated with the condition have been granted increased ratings. The Veteran is now receiving a disability rating of 40 percent for urinary frequency on and after November 19, 2019.

The Board dismissed the appeals for service connection and total disability rating based on individual unemployability due to the appellant's death.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected acquired psychiatric disorder.,An effective date of August 1, 2016, for the grant of a 50 percent disability rating for bilateral pes planus is granted. The earlier effective date of October 10, 2012, but no earlier, is also granted for this condition.,The Veteran's service connection claim for a lumbar spine disorder secondary to his bilateral pes planus is remanded.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining updated treatment records. The issues of a higher rating for DDD of the lumbar spine with spondylosis, initial ratings for three painful scars of the knees, and a compensable rating for linear scars of the knees are being addressed. A TDIU is also inextricably intertwined with these claims.