Back / lumbar spine decisions — 2023

Service connection is granted for a headache disability, back disability (DJD, DDD, osteoarthritis/osteoarthrosis, and IVDS), and bilateral foot disability.,The Veteran's headaches began during service in Vietnam. The Board found the evidence at least in relative equipoise that the current diagnosis of chronic headaches had its onset during service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection of his back disability, left leg disability, acquired psychiatric disorder (including PTSD and depression), head injury, and tailbone disability. The cases are remanded for further development including VA examinations to determine if these conditions are related to service.

The Board has decided to remand the cases due to insufficient information about the specific periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). Clarification is needed before further action can be taken.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including VA examinations and medical opinions.

The Board has remanded the case due to incomplete VA examination reports and a need for further medical evaluation to determine the nature and etiology of any diagnosed back disabilities, including whether they are related to service or other events, injuries, or diseases in service.

The Board denied the Veteran's claims of service connection for back disability, depression (secondary to a service-connected condition), right hip disability (secondary to a service-connected condition), and neck disability (secondary to a service-connected condition). The Board found that there was no evidence of any current disabilities related to service.

The Veteran's claim for increased ratings for his thoracolumbar spine disability and associated radiculopathies was denied as the evidence did not show that his conditions warranted a higher rating.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation during the period from February 1, 2007 to February 22, 2010. Therefore, a TDIU rating on an extraschedular basis is denied.

The Board has remanded the case due to unclear employment status and needs clarification regarding the Veteran's current and past work history.

The Board denied service connection for a back disability and bilateral knee disability, finding that the Veteran's conditions are not related to his military service. The TDIU claim was also denied as there is no evidence showing that the Veteran's PTSD alone rendered him unemployable.

The Veteran's claim for a compensable rating for his scar of the mid low back is denied.,The Veteran's claims for service connection for migraine and tension headaches, degenerative disc disease of the cervical spine, sciatic radiculopathy of the left leg, sciatic radiculopathy of the right leg, finger joint pain, left knee condition, and right knee condition are remanded.

The Board has granted service connection for the Veteran's claimed conditions, effective from February 11, 2016.

The Veteran's requests for earlier effective dates for service connection of thoracolumbar spine disability, left upper extremity carpal tunnel syndrome, and right upper extremity carpal tunnel syndrome are denied. The Board found that the correct date of receipt for the request to reopen the claims was January 22, 2018.

The Board has remanded the cases for further development due to incomplete opinions and need for additional medical examination.

The Veteran's claims for service connection and increased rating have been remanded due to the need for additional examinations and development of medical records.

The Board has remanded the Veteran's claims for increased ratings of his lumbar spondylosis, right and left lower extremity radiculopathy, as well as his claim for TDIU due to service-connected disabilities. The claims are being returned for further development.

The Veteran's disability rating for degenerative disc disease of the lumbosacral spine was granted at a 20 percent level prior to May 15, 2019.

The Veteran's service-connected psychiatric disability and physical disabilities separately result in her requiring regular aid and attendance from another person, warranting a higher rate of special monthly compensation (SMC).

The Board dismissed the issue of TDIU from August 3, 2015 to December 3, 2015 as moot due to a previous grant. The Veteran was granted SMC under 38 U.S.C. § 1114(s) at the housebound rate for his service-connected disabilities starting February 3, 2020.

The Board has remanded the claims for a disability rating in excess of 20 percent for lumbar DJD and radiculopathy, sciatic nerve, right and left lower extremities associated with lumbar DJD due to new evidence indicating worsening symptoms since the last VA examination.