Back / lumbar spine decisions — 2024

The Veteran's service-connected disabilities require the need for regular aid and attendance, but do not meet the criteria for SMC based on housebound status.

The Board has remanded the Veteran's claims for service connection due to a duty-to-assist error in obtaining his complete service treatment records, including his separation examination and reserve service records. The VA is required to attempt to obtain these records.

The Board has granted service connection for cervical spine, lumbar spine, right hip, and left hip disorders as they are found to be aggravated by active duty service.

The Veteran's claim for an increased rating of her back disability is denied. The Board finds that the evidence does not support a finding of forward flexion greater than 30 degrees but not greater than 60 degrees or combined range of motion less than 120 degrees, despite considering pain and fatigue. Her PTSD due to MST claim is remanded as there was an error in failing to obtain an adequate addendum opinion.

The Veteran's claims for service connection are being remanded due to inadequate VA examinations and the need to correct pre-decisional duty to assist errors.

The Veteran's back condition is rated at 40 percent disability. The Board has found that the VA examinations conducted prior to the March 2023 rating decision were inadequate and remanded for further examination. Additionally, the issue of entitlement to a total disability rating based on individual unemployability (TDIU) is inextricably intertwined with the Veteran's above increased-rating claim and must be addressed as well.

The Veteran's claim for a higher rating for his lumbosacral spine DJD, left lower extremity radiculopathy involving the sciatic nerve, and right lower extremity radiculopathy involving the sciatic nerve was denied. A 20 percent rating is granted for the right lower extremity radiculopathy involving the sciatic nerve.

The Veteran's service-connected disabilities have not rendered him unable to secure and follow a substantially gainful occupation, as he is currently enrolled in college and has attempted to re-enter the workforce. The Board finds that his unemployability is due to his mental health conditions rather than his service-connected disabilities.

The Board has remanded the case for further development, including scheduling a VA examination to assess the severity of the Veteran's low back disability and referring the issue of TDIU prior to May 23, 2006, on an extraschedular basis.

The Board has granted service connection for a lower back condition, including lumbosacral strain, degenerative arthritis of the spine, and intervertebral disc syndrome. The claim is based on direct service connection due to symptoms that began during service and have continued since.

The Board has determined that no new and relevant evidence was submitted to reopen the claims for service connection for lumbosacral strain, bilateral foot disability, and acne. The Veteran's additional lay statements were found to be cumulative.

The Veteran's claims for service connection for lower back chronic degenerative disc disease and right lower extremity radiculopathy were denied as there was no evidence of a link between the conditions and his active service.

The Board has granted service connection for back disability manifested by pain and bilateral knee disability manifested by pain. The claim of service connection for psychiatric disability is being remanded.

The Board has remanded the Veteran's claims for heat exhaustion, lumbar spine condition, obstructive sleep apnea, acquired psychiatric disorder (including anxiety and OCD), and opiate addiction due to a duty to assist error. The Veteran is not competent to provide medical opinions on these issues.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include lumbar spine disability, bilateral knee conditions, sleep condition, and sciatica.

The Veteran's back disability is granted an initial rating of 40 percent, effective May 8, 2017.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since July 15, 2019.

The Veteran's service-connected disabilities, including her back disability and depression, have rendered her unable to secure or follow substantially gainful employment since April 1, 2015. Effective from April 1, 2015, the Veteran is granted TDIU and DEA benefits.

The Board has granted service connection for cervical strain, degenerative joint disease, and degenerative disc disease secondary to the Veteran's service-connected left tibio-talar degenerative joint disease and left ankle sprain residuals. The appeal is also granted for other issues related to his service-connected disabilities.

The Veteran's appeal was dismissed without prejudice due to her death, and there is no properly substituted appellant on her behalf.