Back / lumbar spine decisions — 2023

The Veteran's service-connected disabilities, including PTSD and multiple musculoskeletal conditions, have resulted in a combined rating of 80 percent. The Board has granted a TDIU rating from March 25, 2020.

The Veteran's appeal for earlier effective dates for increased ratings of his service-connected cervical spine and right upper extremity radiculopathy disabilities is dismissed.,The Veteran's claim for basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 is granted with an effective date of July 8, 2019.

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

The Veteran's cause of death was intracerebral hemorrhage and hypertension. The Board finds a VA medical opinion is necessary to determine if his service-connected conditions caused or contributed to his death.

The Board has determined that the Veteran's claims for service connection are inextricably intertwined with his claim for post op sarcoma of the right lower extremity. Therefore, these claims must be remanded to allow for a VA examination and opinion regarding the etiology of the Veteran's post op sarcoma.

The Board has dismissed the appeal for service connection and rating for degenerative disc C3-C4, C5-C6 with cervical radiculopathy due to the Veteran's withdrawal of the appeal.

The Board has granted service connection for lumbar spine disability, sleep apnea, and diabetes mellitus. Service connection is denied for hernia disability.

The Veteran's claim for service connection for a lumbar spine disability was granted with an effective date of December 8, 2005. The decision is based on the submission of relevant official service department records that were not previously part of the claims file at the time of the initial denial in February 2006.

The Veteran's claim for an earlier effective date for a 20 percent rating for lumbar spine strain with degenerative arthritis is denied.,The Veteran's claim for an earlier effective date for a separate 20 percent rating for right knee based on instability since July 6, 2018 is granted.

The Veteran's claims for service connection for headaches and a low back disorder have been denied as there is no evidence linking these conditions to his military service.

The Board has denied the Veteran's claims for service connection for back, right hip, and left hip disorders due to a lack of evidence linking these conditions to his military service.

The Board has determined that the Veteran's low back condition is causally related to service, and thus grants service connection for this condition.

The Veteran's appeals for increased ratings for various foot and back conditions have been denied. The Board found that the evidence did not support a higher rating for any of the conditions.

The Veteran's claim for service connection for left leg numbness secondary to back is denied.,The Veteran's claim for service connection for cervical strain (C6-7) claimed as cervical disc degeneration is remanded due to a pre-decisional duty to assist error prior to the rating decision on appeal.,The Veteran's claim for service connection for lumbar spine, degenerative arthritis (claimed as chronic low back pain) is remanded due to a pre-decisional duty to assist error prior to the rating decision on appeal.

The Board has granted an effective date of July 11, 2007 for the grant of a TDIU based on service-connected disabilities. The Veteran's conditions rendered her unemployable as of that date.

The Veteran's claim for service connection for migraines is granted. The Board finds that the evidence is at least in equipoise regarding the onset of the Veteran's migraines and their recurrent symptoms since his first period of active service, thus granting service connection.

The Board has granted service connection for low back disability and GAD with insomnia, finding that the Veteran's symptoms began during active service. The initial rating of 10 percent for migraine disorder is also granted.,The Veteran's claims are supported by her credible statements and medical evidence showing a continuity of symptomatology since service.

The Board has remanded the Veteran's claims of service connection for cervical back condition, high cholesterol, sleep apnea, bilateral feet degenerative arthritis, and bilateral hand degenerative arthritis due to missing records from his Army Reserve service. The RO is instructed to verify any reserve service with NPRC and Army Reserve Personnel Center, obtain all relevant service treatment records, and seek out any outstanding VA or private treatment records.

The Veteran's claims for increased ratings and effective date determinations are being remanded due to the submission of additional evidence not previously considered by the RO.

The Veteran's eye disorder is not service-connected as it was diagnosed after service and there is no evidence linking the current condition to his military service.,There is no evidence of a current diagnosis of bilateral flat feet, and the Veteran has not provided sufficient medical evidence to support a claim for this issue.