Back / lumbar spine decisions — 2024

The Board denied the Veteran's requests for increased disability ratings and TDIU prior to May 13, 2019, finding no ascertainable increase in severity of his service-connected conditions within one year prior to the date of claim.

The Veteran's service-connected lumbar spine disorder and left hip arthritis required regular aid and attendance, leading to a grant of special monthly compensation (SMC) based on the need for aid and attendance.

The Veteran's service-connected conditions do not meet the criteria for SMC based on aid and attendance or housebound status due to his ability to feed himself, prepare meals, manage finances, attend to personal needs such as shaving and toileting, and walk without assistance.

The Board has remanded the claims for service connection for lumbar spine disorder, right hip disorder, left hip disorder, right lower extremity sciatica, and left lower extremity sciatica due to insufficient evidence in the record. The Veteran's lay statements regarding her symptoms will be considered, as well as her in-service complaints of back pain and muscle spasms.

The Board has granted an effective date of June 9, 2017 for the award of a TDIU and basic eligibility to Dependents' Educational Assistance under 38 U.S.C., Chapter 35.

The Veteran is granted an effective date of September 24, 2018 for a disability rating of 20 percent for their back disability.

The Board has granted an earlier effective date of July 29, 2019 for the increased disabling rating of 40 percent for lumbosacral strain, left leg radiculopathy, and right leg radiculopathy.

The Board has granted service connection for facet arthropathy, which is claimed as a back condition. The Veteran's current diagnosis of degenerative disc disease and facet arthropathy supports the claim. The Board finds that the Veteran experienced chronic back pain since his time in service.

The Veteran's headaches and back condition are granted service connection, but the claim for sleep apnea is remanded due to conflicting evidence.

The Veteran's claim for increased rating and earlier effective dates for service connection are being remanded due to a pre-decisional duty to assist error. A VA medical addendum is needed to determine the periods of time where the Veteran's spine disability met the requirement for a 40 percent rating, as well as when the left and right lower extremity radiculopathy disabilities had their onsets.

The Veteran's lumbar strain and PTSD have been granted increased ratings, with the lumbar strain rated at 20 percent effective April 3, 2020, and PTSD rated at 70 percent effective April 3, 2020.

The Board has granted service connection for gastroesophageal reflux disease (GERD) and lumbar spine degenerative disc disease (DDD), both claimed as secondary to the Veteran's service-connected left knee disability.

The Veteran's left upper extremity radiculopathy is granted with a rating of 40 percent, effective July 13, 2018.,The Veteran's lumbosacral strain and thoracic spine spondylosis (back disability) are remanded for further evaluation as the Board finds that there may be ankylosis or similar pathology not previously addressed in the October 2018 VA examination report.,The Veteran's cervical spine strain is remanded for further evaluation as the Board finds that there may be ankylosis or similar pathology not previously addressed in the October 2018 VA examination report.

The Veteran's ratings for gastroesophageal reflux disease, umbilical hernia, hiatal hernia, and status post Nissen fundoplication, as well as lumbar degenerative disc disease status post spinal fusion, have been restored.

The Veteran's service-connected disabilities, including right shoulder rotator cuff tear with degenerative arthritis and lumbar spine conditions, have prevented him from securing or following substantially gainful employment since February 27, 2018. The Board has remanded the issues of service connection for prostate cancer and TDIU prior to February 27, 2018.

The Board has decided to remand the Veteran's claims for bilateral pes planus and a back condition due to duty-to-assist errors. The Veteran needs addendum VA medical opinions to address her conditions.

The Board dismissed the appeal for an increased disability rating for the Veteran's back disability due to the Veteran withdrawing his appeal.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the nature and etiology of his back condition. The issues are related as they both involve a potential secondary relationship to active duty.

The Board denied the Veteran's claim for an earlier effective date prior to February 6, 2019, for the award of special monthly compensation for aid and attendance (SMC A&A). The April 2015 rating decision implicitly denied SMC A&A. New evidence submitted after this decision did not raise a reasonable possibility of substantiating the claim.

The Veteran's lumbosacral strain was rated at 20% prior to February 19, 2020 and granted a rating of 40% from that date. The decision also found no evidence of unfavorable ankylosis.