Back / lumbar spine decisions — 2023

The Board has remanded the claims for service connection for lumbar and cervical spine disabilities due to incomplete records, need for further medical opinions, and potential need for a new VA examination. The Veteran's claim is not currently before the Board.

The Board has remanded the Veteran's claims for respiratory condition, lumbar spine degenerative disc disease, and headaches due to issues with secondary service connection.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for lumbosacral strain with degenerative arthritis and entitlement to TDIU due to inadequate VA examination reports and incomplete development.

The Veteran's claims for service connection were granted in January 2017, with the effective date set at April 11, 2014. The appeals for earlier effective dates prior to this date are denied.,All five conditions (major depressive disorder, bilateral pes planus, lumbosacral strain, cervical strain, and right ankle sprain) were granted service connection in the January 2017 rating decision.

The Veteran's claims for increased disability ratings and effective date were denied. The back disability was rated at 20 percent from February 20, 2015, but the claim is not prior to this date.

The appeal as to service connection for hypercholesterolemia is dismissed.,New and material evidence having been received, the previously denied claim of service connection for lumbar strain has been reopened. Service connection for a low back disability (including lumbar strain and degenerative arthritis/degenerative disc disease of the lumbar spine) is granted.

The Veteran's ratings for left lower femoral nerve radiculopathy, right lower femoral nerve radiculopathy, degenerative joint disease of the lumbar spine with intervertebral disc syndrome, and right lower sciatic nerve radiculopathy were improperly reduced. The reductions are now reinstated.,The Veteran's claim for an increased rating in excess of 10 percent for right lower extremity radiculopathy affecting the sciatic nerve is denied.

The Veteran's low back disability is being remanded for further review, and his left and right ankle disabilities are granted a 20 percent rating each.

The Veteran's claim for an effective date prior to June 7, 2016, for the grant of service connection for right upper extremity radiculopathy secondary to a cervical spine disability was denied. The Board found that there is no evidence earlier than June 7, 2016, and subsequent to the last final and binding denial that reasonably can be construed as an informal claim, formal claim, or intent to file a claim for an increased rating for the cervical spine disability.

The Veteran's claims for service connection for right knee, right hip, and lumbosacral strain have been granted. The VA has also remanded the cases to obtain updated examinations to assess current severity of his left knee and right ankle disabilities.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine with intervertebral disc syndrome and painful surgical scars, are being remanded for further evaluation.

The Board has remanded the case due to inadequate opinion in a previous VA examination. The Veteran's low back disability is related to his service, including an accident during active duty.

The Veteran's service-connected disabilities render him in need of the regular aid and attendance of another person, resulting in a grant of special monthly compensation (SMC) based on the need for aid and attendance.

The Board has decided to remand the case due to a duty to assist error regarding service connection for a low back condition. The AOJ needs to obtain an addendum opinion from an appropriate clinician to address whether the Veteran's low back condition is caused or aggravated by his service-connected bilateral knee disabilities.

The Veteran's claim for service connection for degenerative arthritis of the thoracolumbar spine has been granted. The other claims, including a rating in excess of 30 percent for her psychiatric disorder, are being remanded due to pre-decisional errors.

The Veteran's service-connected low back disability, along with other conditions, rendered him unable to secure and maintain substantially gainful employment from January 13, 2017, to March 5, 2018. His TDIU claim is granted for this period.

The Veteran's back and neck disabilities were granted service connection with an effective date of December 31, 1983.,An earlier effective date for the PTSD rating is denied.

The Board has denied the Veteran's claim for service connection for lumbar degenerative disc and joint disease with lower left extremity radiculopathy, finding that there is no evidence of a nexus between his current condition and his active-duty service.

The Veteran is granted an earlier effective date of May 14, 2014 for the grant of a TDIU on an extraschedular basis. The effective dates for Dependents' Educational Assistance are also granted.

The Board has dismissed the appeals for service connection of psychiatric disorder, degenerative disc disease of the lumbar spine, and neck strain disability due to the Veteran's death during the appeal process.