Back / lumbar spine decisions — 2023

The Veteran's effective date for a 40 percent disability rating for degenerative arthritis of the lumbar spine with intervertebral disc syndrome (IVDS) is set to January 7, 2016. The effective date for left lower extremity neuropathy was also set to this date.,An earlier effective date for left lower extremity radiculopathy is not granted.

The Board has granted service connection for the Veteran's lumbar spine, right knee, left knee, right foot, and left foot disabilities as they are related to his military service.,Service connection was denied for the Veteran's right eye and left eye disabilities due to a lack of evidence showing that these conditions were incurred in or aggravated by service.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that he satisfies both economic and non-economic components of a TDIU from November 9, 2017. However, the issue of entitlement to a TDIU on an extraschedular basis prior to November 9, 2017 is remanded.

The Veteran's appeal for increased SMC under 38 U.S.C. § 1114(p) and higher rate of SMC based on the need for a higher level of aid and attendance under 38 U.S.C. § 1114(r)(2) is denied due to lack of eligibility for compensation at the maximum rate or intermediate rate authorized.

The Veteran's thoracic spondylosis is granted service connection. The cervical spine disorder, left and right upper extremity nerve conditions are remanded for further development.

The Board has remanded the Veteran's claims of service connection for low back and neck disabilities due to a lack of VA examinations addressing these conditions. The Veteran is also requested to provide any additional evidence that may support his claims.

The Veteran's back disability is granted as service-connected, and a rating of at least 40 percent for right lower extremity radiculopathy from April 21, 2020 is granted. The Veteran's PTSD claim remains pending due to the need for additional examination.

The Board has granted the Veteran's appeals for service connection for left knee strain, right knee strain, and lumbosacral strain based on direct service connection.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities due to inadequate medical opinions regarding their etiology. The case is sent back for an appropriate clinician to provide a new opinion.

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

The Veteran's disability rating for lumbosacral spondylosis with spondylolisthesis was restored from 20% to 40% effective February 21, 2020.

The Veteran's appeal for service connection for degenerative disc disease other than intervertebral disc syndrome was dismissed because the Veteran died during the pendency of the appeal.

The Board has denied the Veteran's petitions to readjudicate his previously denied claims for service connection due to lack of new and relevant evidence.

The Board has granted service connection for migraine headaches and denied service connection for a lumbar spine condition. The Veteran's migraine headaches are found to be related to his in-service head injury, while the lumbar spine condition is not linked to military service.

The Veteran's claims for increased ratings for PTSD and low back strain with sciatica are being remanded due to the need for updated treatment records, a new VA examination, and clarification of whether the Veteran intends to file an unemployability claim.

The Veteran's service-connected disabilities, including his acquired psychiatric disorder, ulcerative colitis with anemia, sleep apnea, and lumbar spine disabilities, prevent him from securing and maintaining a substantially gainful occupation. The Board has granted the Veteran's TDIU claim.

The Veteran's right knee joint osteoarthritis is currently rated at 10 percent from September 13, 2018. The claim for earlier effective date of January 2, 2018 for the grant of service connection for right knee instability has been granted. New and material evidence has been received to reopen claims for left knee condition and back condition.

The Veteran's service-connected degenerative disc disease at C5-6 with herniated disc prevented her from securing and following substantially gainful employment since April 12, 2015.

The Veteran's service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment, and the criteria for a TDIU were not met.

The Veteran's appeals for service connection for thoracolumbar spine disability and left lower extremity radiculopathy have been dismissed as the Veteran withdrew his appeal prior to a decision being made.