Back / lumbar spine decisions — 2024

The Veteran's claims for increased ratings for lumbar spine disability and lower extremity radiculopathy prior to January 25, 2022 are dismissed as the March 31, 2022 VA Form 10182 was not interpreted as an opt-in to the modernized system.

The Board has remanded the claims for service connection due to insufficient evidence and duty-to-assist errors. The issues include bullous disorder/hypertrophic keloid scars, left knee septic condition as secondary to bullous disorder/hypertrophic keloid scars, acquired psychiatric disorders, high blood pressure, arthritis of the lower extremities, degenerative disc disease of the low back, and jaw/speech impairment.

The Veteran's PTSD is rated at 30 percent, and the Board has remanded for further evaluation due to occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks. The lumbar spine disability remains at 40 percent, RLE radiculopathy at 20 percent, LLE radiculopathy at 10 percent, and RLE femoral nerve radiculopathy at 10 percent.

The Veteran's left and right knee disabilities have been rated at 10 percent each, but the Board has determined that they do not warrant a higher rating based on current evidence of record.,The Veteran's lumbar spine disability was also rated at 10 percent, with the Board finding no basis for an increased rating.

The Board has determined that new and relevant evidence has been received for the Veteran's claims of service connection for a left shoulder disorder and a lumbar spine disorder. The claims are being remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board has decided to remand the case due to a need for a VA examination to determine if the Veteran's back disability is related to his service.

The Veteran's arthritis, low back disability, and right upper extremity neuropathy were not incurred in or caused by service.,A 30 percent rating for cluster headaches (formerly tension headaches) is granted as of July 16, 2021.

The Veteran's service-connected disabilities did not render him unemployable prior to December 3, 2019. The Board found that the Veteran had a high rating for his Meniere's disease and sleep apnea but was capable of performing employment duties.

The Board has remanded the Veteran's claims for service connection for left knee, lower back (bulged disc), and tinnitus conditions due to inadequate medical opinions. The Veteran must be provided with VA examinations to determine if his current disabilities are related to service.

The Veteran's claims for service connection for post-traumatic stress disorder and schizoaffective disorder have been granted. The claim for shortness of breath (sarcoidosis) is remanded, as is the claim for degenerative arthritis and degenerative disc disease of the lumbar spine.

The Board dismissed the appeals for service connection for various conditions, including migraines, urinary dysfunction, and knee and spine issues, due to an impermissible concurrent election under 38 C.F.R. § 3.2500(b).

The Board remands the claims for service connection for a low back disability and related leg conditions due to an inadequate VA examination.

The Veteran's service-connected Major Depressive Disorder, along with other disabilities, renders him unable to secure and follow a substantially gainful occupation. The Board grants SMC-S based on this finding.

The Veteran's appeal for service connection for bilateral hip limitation of flexion, extension, and abduction is granted. However, the attorney S.P. is not eligible to direct payment of fees based on past-due benefits awarded in the March 2021 rating decision.

The Board has granted the Veteran's application for specially adapted housing due to his service-connected disabilities that affect his mobility and require a wheelchair and assistive devices.

The appeal regarding the proposal to decrease the disability rating for chronic strain of the lumbosacral spine from 40 to 10 percent and the proposal to discontinue Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is dismissed.

The Board denied entitlement to an extraschedular rating for residuals of an injury to the thoracic and lumbar spine, finding that the Veteran's symptoms were adequately contemplated by the schedular rating criteria.

The Board remands the claims for service connection for cervical and mid/low back conditions to obtain a VA examination due to an inadequate June 2008 VA examination and x-rays, and new evidence of pain and functional impairment.

The Board remands the claims for a lower back condition and bilateral foot conditions, to include plantar fasciitis, as VA examinations are required to obtain a medical opinion addressing the etiology of the Veteran's conditions.

For the period from December 27, 2018 to February 10, 2021, the Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation.,For the period from February 10, 2021, the Veteran's combined disability rating is 100%, and he has been granted TDIU due to his severe cervical spine condition.