Back / lumbar spine decisions — 2024

The Veteran's TDIU was not based on a single service-connected disability alone, and he does not have a single 100% rated service-connected disability with additional disabilities independently ratable at 60%. Therefore, SMC for housebound status is denied.

The Board has remanded the Veteran's claims for low back disability, left knee disability, right ankle disability, right foot disability, and left foot disability due to a pre-decisional duty to assist error. The examiner is requested to provide an opinion on whether these disabilities are at least as likely as not related to service.

The Veteran's current back disability is related to service and the Board has granted service connection for lumbosacral strain.

The Veteran's claims for increased ratings and TDIU are being remanded due to the failure to schedule VA examinations in Panama or Florida, where he was residing at the time. The AOJ must reschedule these exams and address the functional effects of his service-connected disabilities on his employment.

The Veteran's appeal for service connection on four different conditions (back, hypertension, right knee, and left knee disabilities) has been dismissed due to the accredited representative withdrawing all issues on appeal.

The Veteran's appeal is remanded for further development regarding service connection claims and TDIU. The VA will schedule examinations to determine the nature and etiology of his low back, neck, and hip disabilities as secondary to his service-connected right leg amputation.

The Veteran's service connection claims for various conditions are being remanded due to incomplete STRs and inadequate VA examination.

The Veteran's claims for earlier effective dates for the assignment of a 40 percent disability rating for service-connected DJD of the lumbosacral spine at L5-S1, and awards of service connection for patellofemoral syndrome of the left and right knees based on limitation of flexion are denied.,The Veteran's claims for earlier effective dates for the award of service connection for left lower extremity radiculopathy and right lower extremity radiculopathy are denied.,The Veteran's claim for an earlier effective date for the grant of basic eligibility to Dependents' Educational Assistance (DEA) benefits is denied.

The Board has decided to remand the case due to errors in obtaining and considering evidence, as well as a need for an additional VA medical opinion. The Veteran's claim of service connection for lumbar spine disability is being reviewed again.

The Veteran's claims for service connection for various psoriatic arthritis disabilities are being remanded due to the need for additional verification of his National Guard and Air Force Reserve service.

The Board has dismissed the appeal for a rating more than 40 percent for degenerative disc disease of the lumbar spine as the appellant withdrew his appeal.

The Veteran's service-connected back disability requires regular aid and assistance of another person, qualifying him for special monthly compensation based on the need for aid and attendance. The issue of housebound status is moot due to the award of SMC based on aid and attendance.

The Veteran's lumbar spine disability and sciatica of the right and left lower extremities are rated at 40 percent each, effective as of September 5, 2024. A TDIU is also granted.

The Board has remanded the claims of service connection for back disability, left hip disability, and right hip disability due to inadequate VA examination opinions. The Veteran's active-duty service is noted as a factor in his complaints of pain.

The Veteran's claim for a higher rating for thoracolumbar degenerative arthritis of the spine, degenerative disc disease, and IVDS was granted with an effective date of March 11, 2020.

The Veteran's appeal for an earlier effective date for his right knee surgical scar was denied. The Board found that the scar did not exist prior to the surgery and therefore, no earlier effective date is warranted.,The Veteran's claim for a compensable rating for his right knee surgical scar was also denied. The VA examiner concluded that there was no evidence of pain or instability in the scar.

The Veteran's service-connected PTSD and lumbar spine disability are found to have caused his obesity, which in turn caused his OSA. The Board has granted service connection for OSA on a secondary basis.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding her lower back disability and psychiatric disorder.

The Board has granted service connection for diabetes mellitus, Type 2 (DM II) and an acquired psychiatric disorder. The claims of service connection for a headache disability, low back disability, and heart disability remain denied.

The Board denied service connection for a lumbar spine disability and a left thigh disability, finding that the evidence did not support current disabilities or a nexus to service.