Back / lumbar spine decisions — 2024

The Veteran's cervical spine strain and sprain are related to service, while the low back disability is currently rated at 20 percent. The right lower extremity radiculopathy is not rated higher than 10 percent.,The Board found that the evidence does not support an evaluation in excess of 20 percent for the Veteran's low back disability.

The Veteran's claim for SMC based on the need for aid and attendance or housebound status due to service-connected disabilities prior to December 2, 2019, and from February 1, 2021, is denied as he did not meet the criteria for such benefits.

The Board granted an effective date of August 7, 1973 for the award of service connection for a lumbar spine disability.

The Veteran's service-connected disabilities, including lumbosacral strain, right lower extremity lumbar radiculopathy, right hip arthritis, and right knee arthritis, have rendered him unable to secure or follow substantially gainful employment since March 16, 2021. His TDIU is granted with an effective date of March 16, 2021.

The Board has remanded the case for further evaluation of the Veteran's bilateral hearing loss claim due to a pre-decisional error in the previous VA audiological examination.

The Veteran's claim for a rating in excess of 40 percent for lumbar strain with DDD was denied.,The Veteran's claim for a rating in excess of 20 percent for hemorrhoids was denied.,The Veteran's claim for a compensable rating for migraine headaches was denied.,The Veteran's claim for TDIU due to the combined effects of service-connected disabilities was dismissed as moot.,The Veteran's claim for TDIU solely due to service connected lumbar strain with DDD, hemorrhoids, or migraine headaches was denied.

The Veteran's claims for chronic fatigue syndrome, right leg condition, sinusitis, and lower back condition have all been denied as there is no current diagnosis of these conditions.,There is no persuasive evidence that the Veteran's claimed disabilities began during service or are related to any in-service injury, event, or disease.

The Veteran's service-connected disabilities, including PTSD, asthma with sleep apnea, chronic kidney disease, and various musculoskeletal conditions, render him unable to perform daily activities without regular aid and attendance. The Board has determined that the criteria for SMC based on need for aid and attendance have been met.

The Veteran's claims for increased ratings for left and right lumbar radiculopathy, as well as his right shoulder disability, are being remanded due to the need for further consideration of the evidence.

The Board denied the Veteran's claims for earlier effective dates for service connection due to a failure to submit a completed VA Form 21-526 within one year of her intent to file, despite receiving multiple notices and opportunities.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's increased rating claims for lumbosacral strain, left and right lower extremity radiculopathy, and femoral nerve conditions have been denied. The issues were remanded due to procedural errors.

The Veteran withdrew his appeal regarding the service connection claims for low back condition and sciatica left leg.

The Veteran's service-connected disabilities render him unable to secure and follow any substantially gainful occupation, thus a total disability rating based on individual unemployability (TDIU) is granted.

The Board remands the claims for service connection for cervical spine, lumbar spine, and right shoulder disorders as secondary to diabetes mellitus Type II and bilateral lower extremity peripheral neuropathy due to inadequate medical opinions.

The Board has decided to remand the Veteran's claims for higher disability evaluations and TDIU due to additional development being required. The issues include increased ratings for lumbar spine conditions and radiculopathy of the right lower extremity, as well as a claim for TDIU.

The Board denied service connection for an acquired psychiatric disorder, including PTSD. The Veteran's claim was not supported by a current disability diagnosis.,The Board granted service connection for a low back condition, finding it at least as likely as not related to the Veteran's in-service injury.

The Veteran's initial rating for a psychiatric disability is denied, and the Board has remanded service connection claims for obstructive sleep apnea, hypertension, and low back disorder due to duty-to-assist errors.

The Board has remanded the claims for a VA examination and corresponding opinions addressing each claim on a direct incurrence basis, with consideration of the Veteran's contentions of continuity of symptomatology since service.

The Board has dismissed the appeals for compensation under 38 U.S.C. § 1151 for salivary duct stones and lumbar/cervical disorder as they are duplicative of a previous decision.