Back / lumbar spine decisions — 2024

The Board has determined that the VA examinations conducted in June 2021 were inadequate for adjudication purposes and thus remanded to obtain additional opinions regarding the etiology of the Veteran's diagnosed conditions.

The Veteran's service-connected conditions do not meet the criteria for special monthly compensation based on aid and attendance or housebound status due to his physical limitations and combined disability rating.

The Board has remanded the claims for bilateral hearing loss, tinnitus, low back disability, cervical spine disability, right knee disability, left knee disability, right leg disability, and left leg disability due to incomplete service treatment records. The Veteran's service connection claims are being returned for further review with additional examinations.

The Veteran's service connection claims for thoracolumbar spine, left shoulder, and right shoulder disabilities are granted. The claim for obstructive sleep apnea is remanded due to a lack of a VA examination.

The Veteran's claim for special monthly compensation based on housebound status is denied because he does not have a single service-connected disability rated as total (100%) with an additional service-connected disability or disabilities independently ratable at 60%. The Veteran's TDIU was based on multiple service-connected disabilities, not a single disability.

The Board has remanded the Veteran's claims for service connection due to a lack of a VA examination and etiology opinion concerning his lumbar spine disorder. The scar claim is also remanded as inextricably intertwined.

The Board has granted service connection for a back disability, including DDD, arthritis, and a herniated disc, as secondary to the Veteran's service-connected right knee disability. The decision resolves doubt in favor of the Veteran.

The Board has determined that there was a pre-decisional duty to assist error and the Veteran's claim must be remanded for further development.

The Veteran's claims for left cubital tunnel syndrome, anal cyst/rectal condition, back disability, and left knee disability have all been denied as there is no evidence of their onset during the honorable service period.,Service connection was not granted because the Board found that the Veteran did not meet the criteria for service connection based on a lack of in-service disease or injury, continuity of symptomatology, or a causal relationship to service.

The Veteran's persistent depressive disorder is granted a 70 percent disability rating, effective February 26, 2018. The lumbosacral spine degenerative arthritis with IVDS and spinal stenosis is granted a 40 percent disability rating, effective August 10, 2018.

The Veteran's lumbar spine disability alone rendered him unable to sustain substantially gainful employment from August 10, 2018 and he also had additional service-connected disabilities independently ratable at 60 percent or more. The Board granted special monthly compensation based on aid and attendance/housebound effective August 10, 2018.

The Veteran's claims for service connection and increased ratings have been denied. The effective date of the grants has not been established as they are based on the most recent supplemental claim received.

The Veteran's claim for a higher rating for his service-connected low back condition is being remanded due to the need to obtain private medical records from three providers.

The Veteran's appeals for increased ratings for low back disability and left lower extremity radiculopathy have been dismissed as the issues were already adjudicated by the Board in previous decisions.

The Board has found that there was a pre-decisional error in fulfilling VA's duties and remands the case for adjudication of the motion to revise the November 2014 rating decision on CUE.

The Board has determined that the Veteran's back disability is related to service, and thus service connection for this condition is granted.

The Veteran's back disability and bilateral knee disability were denied as not related to service.,The Veteran's fungus disorder was denied due to lack of a diagnosed condition during or within one year after service.

The Veteran's lumbar degenerative disc and joint disease is rated at 20 percent, the maximum schedular rating for this condition. The ratings for his right lower extremity radiculopathy and left lower extremity radiculopathy are denied.

The Veteran's initial rating for an acquired psychiatric disorder was denied as his symptoms did not meet the criteria for a higher rating.,The Veteran's initial rating for thoracolumbar spine degenerative arthritis was also denied due to lack of evidence showing impairment that would warrant a higher rating.

The Veteran's appeal for service connection was dismissed due to their death before a decision could be made.