Back / lumbar spine decisions — 2024

The Veteran's TDIU claim is being remanded due to the need for referral to the Director of Compensation Service for extraschedular consideration. The Veteran has multiple service-connected disabilities, but his combined rating does not meet the schedular requirements for a TDIU during any period on appeal.

The Veteran's major depressive disorder is rated at 50 percent, but the Board found that her symptoms did not meet the criteria for a higher rating.,Her lumbar spine degenerative disc disease with degenerative joint disease and levoscoliosis is currently rated at 10 percent. The Board determined that her symptoms do not warrant a higher rating.,Left lower extremity radiculopathy is rated at 20 percent, while right lower extremity radiculopathy is also rated at 20 percent.,Left knee osteoarthritis and right knee osteoarthritis are both currently rated at 10 percent.

The Veteran's appeals for service connection for alcoholism and a traumatic brain injury were dismissed because the VA Form 10182 was not filed within the required time frame.

The Veteran's claim for service connection for right shoulder shrapnel wound scar is granted. The claims for bilateral hearing loss and increased disability ratings for right shoulder bicipital tendonitis, lumbar strain with DDD and arthritis, and head injury are remanded.

The Veteran's appeal for a finding of permanent and total disability rating has been dismissed as the claim was fully resolved in his favor with the issuance of a May 2021 rating decision.

The Board has granted the veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities. However, SMC by reason of being housebound is denied as he does not meet the criteria.

The Board has remanded the claims for service connection due to a lack of a VA examination regarding the relationship between the lumbar spine disability and the service-connected cervical spine disability.

The Veteran's claim for a higher rating for his thoracolumbar spine disability is denied, and the service connection claim for an acquired psychiatric disorder is remanded to obtain a VA medical opinion.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions regarding his claimed disabilities, particularly scoliosis.

The Board has granted service connection for bilateral knee arthritis and low back pain, finding that the Veteran's symptoms are related to his in-service motor vehicle accident.,Service connection was denied for glaucoma as there is no evidence linking it to active service.

The Board has determined that the Veteran's appeal for service connection for high blood pressure and low back condition must be remanded due to a duty-to-assist error.

The Board has remanded the Veteran's claims for a rating higher than 10 percent for right and left lower extremity sciatic nerve radiculopathy, as well as for a rating higher than 40 percent for lumbar IVDS with degenerative disc disease. The reasons are that the Veteran failed to appear at the VA examination without providing good cause.

The Veteran's TDIU claim from September 24, 2021 to the present is dismissed as moot because he already had a 100% schedular rating and SMC at the housebound rate. The one-year period prior to September 24, 2021 for establishing eligibility for SMC was denied due to no single service-connected disability causing unemployability.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence in the record. The Veteran is not entitled to an initial compensable disability rating for hemorrhoids, and his claim of lumbar spine degenerative disc disease is also remanded.

The Board has determined that the Veteran's right knee, low back, and traumatic brain injury (TBI) claims should be remanded for further development due to inadequate examinations in July 2016.

The Veteran's claim for a TDIU was received on December 30, 2019. The effective date of the award is set at that time as there is no earlier formal or informal claim found in the record and the evidence does not reflect a factually ascertainable increase in disability prior to this date.

The Board has granted service connection for the Veteran's back disability, finding that his symptoms are related to an in-service accident and resolving reasonable doubt in his favor.

The Veteran's radiculopathy and lumbosacral degenerative disc disease are currently rated at 20 percent, but the Board finds that a higher rating is warranted for both conditions. The case is being remanded to correct any errors in the AOJ decision.

The Veteran withdrew all his appeals regarding the service connection for various radiculopathy conditions and degenerative arthritis of the thoracolumbar spine.

The Veteran's claim for a total disability rating based on individual unemployability is granted with an effective date of July 11, 2019.