Back / lumbar spine decisions — 2024

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment since June 2019, leading to a TDIU effective from June 4, 2020.

The Veteran's left knee, right knee, and back disabilities are all granted service connection.,An effective date of November 4, 2017, is granted for the 10% rating increase for a painful surgical thyroid scar.

The Board has remanded the Veteran's claims for service connection for left knee and low back disabilities due to a duty to assist error. The AOJ must obtain records from Dr. K.D., who previously owned the medical practice of Dr. T.G., where the Veteran received treatment.

The Board has remanded the case due to insufficient opinions regarding the etiology of the Veteran's neck disability and its relationship to his service-connected compression fracture.

The Board denied an earlier effective date for the award of a total disability rating based on individual unemployability (TDIU) and eligibility for Dependents' Educational Assistance (DEA). The Veteran's bilateral knee, low back, and hearing loss disabilities were found to have worsened prior to October 24, 2013, but no other service-connected conditions worsened in the one-year period preceding the claim.

The Board has granted an earlier effective date of October 30, 2009 for the grant of a TDIU and basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 due to service-connected disabilities.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since June 3, 2019.,TDIU is granted from June 3, 2019. The appeal for TDIU from October 9, 2018 to June 3, 2019 is remanded.

The appeals for service connection, increased rating, and TDIU have been withdrawn by the appellant's authorized representative. The Board has dismissed these appeals as a result.

The Veteran's lumbosacral strain, right knee tendonitis, and left knee tendonitis are all found to be related to his active military service.

The Board has restored the Veteran's ratings for his service-connected thoracolumbar spine disability and bilateral lower extremity radiculopathy from 20 percent to 20 percent, effective June 1, 2022.

The Board has determined that the Veteran's current lumbar spine, cervical spine, and left knee disabilities are not related to his military service.

The Veteran's total disability rating due to service-connected disabilities was granted prior to May 19, 2021. From May 19, 2021, the issue of TDIU is moot as his combined disability rating reached 100%.

The Board has denied service connection for various hand and knee disabilities, as well as a cervical spine disability. The evidence does not support the Veteran's claims of in-service injury or disease related to these conditions.

The Board has granted the Veteran's claim for service connection of her right hip disability as secondary to her service-connected low back disability.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities, finding that he does not meet the criteria for this benefit.

The Board has decided to remand the Veteran's claims for service connection for back and neck disabilities due to inadequate medical opinions based on incomplete examination records. The AOJ is instructed to obtain complete service personnel records, including those from the United States Army Reserve, verify all active duty for training (ACDUTRA) and inactive duty training (INACDUTRA) dates, and provide an addendum opinion addressing whether the disabilities are related to any verified periods of ACDUTRA or INACDUTRA.

The Veteran's left knee and lumbar spine disabilities are granted as service-connected.,Further examination is needed to determine if the Veteran has lower extremity radiculopathy secondary to his lumbar spine disability.

The Veteran's low back disability and associated radiculopathy in the bilateral lower extremities have been granted initial ratings of 20 percent. The claim for a higher rating is denied.

The Board has remanded the claims for bilateral hearing loss, heart condition, dyslipidemia, left hip condition, right hip condition, back condition, respiratory condition, sleep apnea, and carpal tunnel syndrome due to potential exposure to fine particulate matter in Southwest Asia. The Veteran's service connection claims are being remanded to obtain a VA medical opinion regarding the etiology of these conditions.

The Board denied the Veteran's claim for service connection for a neck disability, finding that there was no evidence of chronic neck disability during service and no credible medical opinion linking his current condition to his military service.