Back / lumbar spine decisions — 2024

The Board denied the Veteran's claim for an earlier effective date prior to August 25, 2009 for TDIU due to lack of evidence showing a qualifying disability and inability to secure or follow substantially gainful employment.

The Veteran's low back disability is rated at 50 percent, effective May 1, 2016. The Board also granted TDIU but denied it due to the Veteran not submitting necessary information.

The Veteran's back disability is granted a rating of 20 percent from February 9, 2016, to December 22, 2020. The claim for an increase in the rating prior to June 27, 2015, and from June 27, 2015, to February 9, 2016, is denied.

The Veteran's appeals for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating in several areas, including obstructive sleep apnea and spondylosis of the thoracolumbar spine.

The Board has remanded the Veteran's claims for service connection for a right ankle condition, left ankle cyst, and back condition due to outstanding service treatment records.

The Board has determined that there were duty to assist errors in the adjudication of the Veteran's claims for increased rating and service connection. The issues are being remanded to correct these errors.

The Veteran is granted a 50% rating for degenerative arthritis of the lumbar spine with spinal stenosis, scoliosis, and IVDS, and 40% ratings each for radiculopathy of the sciatic nerve in both lower extremities.

The Veteran's appeal is denied as he did not provide all necessary information to establish his entitlement to additional dependency compensation based on his relationship with T. H. A., his minor child, within one year of the August 2013 rating decision which established compensation and rated a service-connected disability not less than 30 percent.

The Board has denied service connection for degenerative disc disease of the lumbar spine and remanded the issue of service connection for obstructive sleep apnea due to a duty to assist error.

The Board has granted service connection for PTSD. The claims of service connection for a back disorder, bilateral hearing loss, and an eye disorder are remanded.

The Board has remanded the case due to procedural errors and incomplete records. The Veteran's claims for right knee, left knee, and lumbosacral spine disorders are pending.

The Veteran's claims for increased ratings and service connection were denied. The claim for an increased rating for hiatal hernia with GERD was denied as the symptoms did not meet the criteria for a higher rating. Service connection claims for blepharitis, trichiasis, lumbosacral radiculopathy and piriformis syndrome, peripheral neuropathy of the right side, and peripheral neuropathy of the left side were also denied.

The Board has denied the Veteran's claims for service connection for a chronic heart condition arrhythmia, a low back condition, and a left heel injury due to the lack of evidence showing current disabilities related to these conditions.

The Veteran is granted a TDIU effective August 7, 2020 due to service-connected disabilities. The issue of entitlement to a TDIU prior to that date is remanded for extraschedular consideration.

The Board has granted service connection for a low back disability, bilateral lower extremity radiculopathy, and a psychiatric disorder. The evidence supports the conclusion that these conditions are related to the Veteran's military service.,The VA examiner found no nexus between the claimed low back condition and service, while the private examiner concluded that the Veteran's physical job duties during service likely caused his back condition.

The Board has granted service connection for the Veteran's low back condition and bilateral lower extremity radiculopathy, finding that these conditions are related to his active service.

The Veteran was unable to maintain substantially gainful employment due to service-connected disabilities from January 25, 2007 to July 23, 2008. The Board granted a TDIU for this period.

The Veteran's appeal for TDIU, DEA benefits, and SMC prior to October 2, 2017 was denied. The Board found that the Veteran did not meet the schedular criteria for a total disability rating based on individual unemployability during this period due to his service-connected disabilities. The Veteran also did not have a permanent total service-connected disability in effect prior to October 2, 2017. Effective April 19, 2021, but no earlier, the Veteran was granted SMC benefits based on individual unemployability.

The Veteran's claims for effective dates prior to various dates have been dismissed as the decisions were final and not subject to revision.

The Board has dismissed the appeals of service connection for various conditions as there were no underlying initial claims that were appealable to the Board at the time of the Veteran's January 25, 2022 VA Form 10182.