Back / lumbar spine decisions — 2024

The Board has decided to remand the claims for service connection for low back and left ankle disabilities, both secondary to service-connected right knee arthritis. The decision is due to a predecisional error in the duty to assist.

The Veteran's claims for service connection for OSA, a left knee disability, DDD, a bladder condition, and a right shoulder disability are denied.,Service connection is not established for any of the claimed conditions due to lack of current diagnoses.

The Board has granted the Veteran's claim for service connection for lumbosacral strain, finding that a nexus between the current disability and an in-service injury is established. The decision also finds that the reasonable doubt created by the evidence must be resolved in favor of the Veteran.

The Veteran's cervical strain with degenerative disc disease was reduced from 20 percent to 10 percent, but the appeal for restoration of the 20 percent evaluation is granted. The Veteran's left lower extremity radiculopathy (femoral and sciatic nerves) are each rated at 20 percent.

The Board has granted an effective date of April 29, 2014 for the grant of service connection for lumbosacral strain. The Veteran's claim was pending due to new and material evidence submitted within a year of the July 2015 rating decision.

The Veteran's lumbosacral strain with degenerative joint disease, L5-S1, and IVDS was rated at 40% for the period from March 6, 2020, to February 5, 2021. The rating is denied as his disability did not meet criteria for a higher rating.

The Veteran's TDIU from February 23, 2015 to March 6, 2018 is granted and an earlier effective date of February 23, 2015 for the grant of DEA is also granted.

The Board has remanded the claim for payment or reimbursement of ambulance transportation provided by City of Wilkes-Barre on May 19, 2020, under 38 U.S.C. § 1728 due to inadequate notice and development.

The Board has remanded the Veteran's claims for cervical intervertebral disc syndrome with degenerative arthritis, left and right ankle tendonitis, and lumbar degenerative arthritis due to inadequate VA medical opinions. The claims are being returned for further development.

The Veteran's lumbosacral spine disease is rated at 10 percent, the lowest available rating under VA regulations. The evidence does not support a higher rating as there is no objective medical evidence of forward flexion less than 60 degrees or combined range of motion greater than 120 degrees.

The Veteran's TDIU for PTSD is granted, and he also receives SMC Housebound based on his combined disability rating of 100 percent.

The Board has dismissed the Veteran's appeal for entitlement to service connection for a right ear hearing loss disability due to failure to comply with the appropriate claims processing defect.,The evidence of record does not support finding that the Veteran had a left knee or right knee disability at any time during her military service.

The Board has remanded the claims of service connection for sleep apnea and lumbar degenerative disc disease with intervertebral disc syndrome status post spinal fusion due to a failure to obtain VA treatment records prior to May 2003.

The Board has granted service connection for degenerative disc disease, finding that the Veteran's in-service back injury and subsequent pain persisted to develop his current condition.

The Veteran's service-connected disabilities, including PTSD and thoracolumbar strain, precluded her from securing or following a substantially gainful occupation since September 30, 2019. An earlier effective date of September 30, 2019 for the grant of Total Disability Rating due to Individual Unemployability (TDIU) is granted.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to inadequate examinations. The left knee and back disabilities need further evaluation.

The Board has determined that the effective date for the TDIU award should be remanded to allow for extraschedular consideration due to the Veteran's service-connected low back pain, bilateral lower extremity radiculopathy, and right knee disabilities.

The Veteran's heart disability, respiratory disability, diabetes mellitus, and various peripheral neuropathies and radiculopathies are not service-connected. The cervical spine disability is also denied.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on housebound status or need for aid and attendance, nor does he qualify for specially adapted housing.

The Board has decided that the Veteran's claim of entitlement to service connection for his back disability should be remanded due to a duty to assist error. The case will be returned to the AOJ for further action, including obtaining an opinion on whether the Veteran's back disability was aggravated by his service-connected right foot disability.