Back / lumbar spine decisions — 2024

The Veteran's lumbar spine degenerative disc disease, left and right lower extremity radiculopathy have been rated at 20 percent for the entire period on appeal. The Board denied increased ratings as there is no evidence of worsening within one year prior to his current claim application.

The Board denied higher ratings for the Veteran's cervical spine degenerative disc disease and benign nerve sheath mass on right neck, finding that the evidence did not support a higher rating based on the current disability levels.

The Board denied the Veteran's claims for special monthly compensation (SMC) based on housebound status and SMC based on the need for aid and attendance, finding that his service-connected disabilities did not render him permanently housebound or in need of regular aid and assistance.

The Board has remanded the claims for service connection for left knee, right knee, and back disabilities due to a failure of an adequate VA medical opinion regarding the onset of these conditions in active service.

The Board has remanded the case due to a pre-decisional failure of the duty to assist based on an inadequate examination, necessitating further review and evidence collection.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding her conditions, specifically related to periods of active duty and reserve service.

The Board has remanded the case for a VA examination to determine if the Veteran's cervical spine disability is related to service, including when he injured his left shoulder in service, and whether it is due or aggravated by his service-connected left shoulder disability. The decision also denied service connection for OSA and lumbar spine disability.

The Board has granted an earlier effective date of April 27, 2021 for the 40 percent rating assigned for thoracolumbar spine degenerative arthritis, strain.

The Board has remanded the Veteran's claims for increased ratings for his lumbar strain and cervical spine degenerative joint disease due to incomplete medical records and need for new examinations.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to duty-to-assist errors, and inadequate opinions regarding whether the Veteran's additional disability is caused by or aggravated by VA treatment.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the onset and etiology of his lumbar spine, right shoulder, left shoulder, gastrointestinal (Crohn's disease), and heart disabilities. The Veteran must be provided with VA examinations to determine if these conditions are related to his military service.

The Veteran's claim for an increased rating in excess of 20 percent for his back disability was denied, as the evidence did not show flexion limited to at least 30 degrees or ankylosis.,The Veteran's claim for service connection for an acquired psychiatric disability (Somatic Symptoms Disorder and Depression) was granted, as it is secondary to his service-connected back disability.

Service connection is granted for bilateral flat foot (pes planus) with plantar fasciitis and low back pain. Service connection for low back pain is remanded.

The Veteran's appeal regarding increased ratings and effective dates for various disabilities remains pending due to the AOJ not yet readjudicating the claims in the modernized review system (AMA).,Issues related to left knee disability, right knee disability, left shoulder disability, lumbosacral strain with DJD, cervical strain with DJD, and tinnitus are still under consideration.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease, thoracolumbar spine condition is being remanded due to the inadequacy of a previous VA examination. The Board requires a new examination to assess the current severity and functional loss caused by flare-ups.

The Board has remanded the case due to inadequate examination and failure to consider all service periods. The Veteran's low back disability is related to his active duty, ACDUTRA, or INACDUTRA.

The Board has remanded the claims of service connection for an unspecified anxiety disorder and a low back disability due to insufficient rationale in the VA medical opinions provided.

The Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) was denied because the effective date cannot be earlier than March 12, 2021. The TDIU award is based on the schedular requirements and not due to a new disability or change in existing disabilities.

The Veteran's claims for service connection were denied as the evidence did not support a finding that any of his claimed conditions began during or are otherwise related to his military service.

The Board has denied the Veteran's requests to readjudicate his claims for service connection due to lack of new and relevant evidence.