Back / lumbar spine decisions — 2024

The Board has remanded the case due to a lack of an addendum opinion addressing whether the Veteran's preexisting left knee disability was aggravated by service beyond its natural progression.

The Veteran's service-connected disabilities, including bilateral hearing loss, low back condition, radiculopathy of the left leg, PTSD, and prostate cancer, have prevented him from securing and maintaining substantially gainful employment. The Board has granted a TDIU effective August 19, 2021.

The Veteran's lumbosacral spine disability, currently rated at 40 percent under Diagnostic Code 5243 (IVDS), is restored to a 40 percent rating effective May 3, 2022. The claim for an evaluation more than 40 percent remains denied.

The Board has denied the Veteran's claims for service connection for abdominal aortic aneurysm, lumbar spine disability (with lumbago), and cervical spine disability with stenosis. The evidence does not support a finding that any of these conditions began during or were caused by U.S. Army service.

The Board denied service connection for back conditions, finding that the Veteran's pre-existing scoliosis was not aggravated during service and his current back conditions did not have their onset in service.

The Board has granted service connection for a back disability and remanded the issues of rating for right eye disability and service connection for PTSD. The Veteran's claim is being returned to the AOJ for further development.

The appeal has been dismissed due to the Veteran's death. The claims for service connection and compensable ratings are not before the Board.

The Board has remanded the Veteran's claims for left knee, left shoulder, and back disabilities due to errors in the AOJ's decision-making process. The AOJ is required to obtain new medical opinions addressing the etiology of these conditions.

The Veteran's service-connected low back condition and left leg radiculopathy prevented him from working as a police officer, gas station attendant, and greeter during the period from September 2, 2008 to May 8, 2012. The Board has remanded for further consideration of TDIU and DEA benefits.

The Veteran's cervical strain and lumbar DDD, DJD with compression fracture T12 disabilities have been restored to their original ratings of 30% and 40%, respectively. A total disability rating for compensation based on individual unemployability (TDIU) has also been granted effective December 21, 2020.

The Veteran's claim for service connection for right heel pain and compression fractures of the spine has been denied. The Veteran's right heel pain is not considered a disability for VA compensation purposes, and his lumbar spine disability remains at a 10% rating.,A remand is required to determine if the Veteran currently has any compression fractures of the spine.

The Veteran's application for VR&E benefits was denied because he did not meet the criteria for an employment handicap, despite having a combined rating of 100 percent due to his service-connected disabilities. The Board found that the Veteran had overcome any impairments caused by his disabilities and was employed in a suitable position.

The Veteran's appeal for service connection for a sleep disorder is dismissed as the benefit sought on appeal has already been awarded. The Board remands the remaining claims of service connection for neck, low back, left knee, and right knee disorders for further development.

The Veteran's left knee osteoarthritis and tinnitus have been granted service connection.,Headaches, low back disability, and bilateral ankle disabilities are remanded for further review.

The Board has remanded the Veteran's claims for service connection for a back condition and heart condition due to insufficient information regarding their etiology. The VA is required to provide an adequate medical opinion on these issues.

The Veteran's cervical spine disability is currently rated at 30 percent, which accounts for forward flexion of the cervical spine 15 degrees or less. From March 13, 2020, to October 15, 2021, the Veteran had cervical radiculopathy affecting all radicular groups with moderate incomplete paralysis on the major side and mild incomplete paralysis on the minor side.

The Veteran's claims for service connection for back disability and psychiatric disorder are being remanded due to pre-decisional duty to assist errors. The AOJ will need to obtain additional medical opinions addressing the issues of secondary service causation and whether a superimposed acquired psychiatric disorder is present.

The Board has remanded the case to refer it to the Director of Compensation Service for consideration of entitlement to a TDIU on an extraschedular basis due to the Veteran's service-connected disabilities prior to October 26, 2020.

The Veteran's service-connected disabilities, including bilateral hearing loss, lumbar spondylosis with degenerative disc disease, tinnitus, and radiculopathy, prevented him from securing or following substantially gainful employment. The Board has granted an effective date of March 20, 2019 for the TDIU.

The Veteran's claim for an earlier effective date for a higher rating of lumbosacral strain is granted. The Board finds that the earliest possible effective date is May 9, 2019, but no earlier, as this was within one year of his April 2020 VA Form 20-0995 submission. For the cervical spine disability and associated radiculopathy claims, the AOJ must obtain additional medical opinions to address the etiology of these conditions.