Back / lumbar spine decisions — 2024

The Board has granted service connection for lumbosacral strain with intervertebral disc syndrome and right leg sciatica as secondary to the Veteran's service-connected low back disability.

The Veteran withdrew his appeals for the aforementioned issues, leading to their dismissal.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain is being remanded due to the inadequacy of the March 2022 VA examination report. The examiner did not provide sufficient detail regarding the severity and functional impact of the disability.

The Veteran's knee and back braces caused wear or tear to his clothing, leading the Board to grant annual clothing allowances for calendar year 2024.

The Veteran's cervical spine condition is remanded for an adequate medical opinion to determine if it was caused or aggravated by his service-connected thoracic spine disability.

The Board denied service connection for various conditions, including a skin condition, GERD, OSA, and PVD of the lower extremities and shoulders. The Veteran's claims were not supported by evidence showing these conditions had their onset during active service or were related to his military service.

The Board has decided that the Veteran's claims for service connection for a back disability, rhinitis, and sinusitis must be remanded due to the lack of VA treatment records and the need for further examination.

The Veteran's claims for service connection for bilateral hearing loss, right hand disability, low back disability, and psychiatric disability are being remanded due to the need for additional evidence and medical opinions.

The Board denied the Veteran's request for an earlier effective date for SMC based on aid and attendance, finding that prior to November 5, 2018, he did not require regular aid and attendance due to his service-connected disabilities.

The Veteran's claim for a 40 percent disability rating for degenerative disc disease of the lumbar spine is granted, effective June 5, 2013. The effective date for service connection for left and right lower extremity sciatic neuritis secondary to diabetes mellitus is also set at June 5, 2013.

The Veteran's TDIU and basic eligibility for Dependents' Educational Assistance (DEA) are granted effective October 1, 2020. The Veteran has a permanent, total service-connected disability due to his right shoulder and back disabilities.

The Board has decided to remand the case due to inadequate VA examination and a duty to assist error. The Veteran's lumbar spine disability is being reviewed again for proper service connection.

The Board has withdrawn the appeals for left and right foot disabilities, urinary incontinence as secondary to service-connected disease or injury, and both hand disabilities. The issues of left and right hand disabilities are remanded due to lack of proper medical opinions.

The Board has determined that new and relevant evidence has been submitted for the claims of service connection for an acquired psychological disorder, lumbar strain, degenerative disc disease (DDD) of the thoracic spine with large endplate osteophytes, and degenerative lower lumbar facet arthritis. The claims are being remanded due to insufficient evidence.

The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance from December 26, 2001. The decision finds that his service-connected disabilities rendered him in need of regular aid and attendance since December 26, 2001.

The Veteran's TDIU claim is granted with an effective date of October 30, 2020, based on his service-connected thoracolumbar spine disability and right lower extremity radiculopathy.

The Veteran's back condition, which is rated under the General Rating Formula for Diseases and Injuries of the Spine (General Rating Formula), has been granted a disability rating of 40 percent since November 2, 2010.

The case is remanded for additional development to ensure compliance with prior remand instructions, specifically regarding the adequacy of examinations and addressing the Veteran's TBI manifestations.

The Veteran is granted a total disability rating based upon individual unemployability (TDIU) for the entire period on appeal, excluding a temporary total rating period from January 30, 2024, to February 29, 2024.