Back / lumbar spine decisions — 2024

The Board has determined that the Veteran's lower back disability is related to his in-service injury, and thus grants service connection for this condition.

The Veteran's bilateral knee, back, right ankle sprain, right hip, and bilateral shoulder disabilities are granted as service-connected.

The Veteran's request for a higher-level review of his January 2009 rating decision was denied because the request was not timely filed within one year of the decision.

The Board has remanded the Veteran's claims for service connection for back and neck disabilities due to insufficient medical opinions regarding their etiology. The VA will obtain additional opinions from clinicians who have not previously examined or provided an opinion.

The Board has remanded the claim for TDIU due to service-connected disabilities because of a duty-to-assist error. The Veteran's depression and lumbar spine disorder limit his ability to work, but further medical opinion is needed to determine if these conditions alone or in combination preclude him from securing or maintaining substantially gainful employment.

The Board has granted the Veteran's request for increased ratings and SMC based on housebound criteria, as well as SMC based on aid and attendance. The appeal is now closed.

The reduction of the disability rating for service-connected thoracolumbar disability from 20 percent to 10 percent was improper, and the 20 percent rating is restored.

The Board has reopened the Veteran's claims for service connection for back, left ankle, sinus, and sleep apnea conditions. However, as these claims are remanded to the RO, they will be readjudicated in the first instance based on all evidence of record, including new and relevant information.

The Veteran is granted a TDIU beginning October 4, 2011. The claim for a TDIU prior to this date is denied.

The Board has decided to remand the case due to a need for additional medical opinions regarding whether service-connected disabilities caused or aggravated obesity, and if so, whether obesity was a substantial factor in causing OSA.

The Board has determined that new and relevant evidence has been received to reconsider the previously denied claims of service connection for anxiety, dermatitis, left wrist condition, right wrist condition, low back pain, neck pain, sinusitis, migraine headaches, and TBI. The claims are being remanded for further adjudication.

The Board has remanded the claim for an evaluation greater than 60 percent prior to June 20, 1997, for post-discectomy and fusion of the lumbosacral spine due to a duty to assist error. The Veteran's representative contends that the Veteran is entitled to staged ratings or a temporary total disability rating prior to June 20, 1997, based on his statements about severe functional limitations resulting in inability to work during portions of the appeal period.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities prior to June 3, 2021. After that date, his combined permanent and total schedular rating does not allow for additional TDIU benefits.

The Veteran's claim for service connection for chronic lumbosacral pain status post L2-L5 fusion is granted. The claim for service connection for bilateral foot disorder is denied. The hypertension claim has been remanded, and the TDIU claim is also remanded.

The Board has remanded the claims of service connection for bilateral pes planus, lumbosacral strain, and bilateral knee disability due to conflicting opinions regarding the preexistence and aggravation of these conditions during service.

The Veteran's TDIU and SMC based on housebound criteria were granted, effective June 16, 2020. The appellant is eligible to attorney fees in the amount of 20% of past-due benefits awarded.

The Veteran's low back condition is currently rated at 40 percent, effective May 8, 2020. The appeal has been remanded due to the need for further evaluation and consideration of his claim.

The Veteran withdrew his appeal regarding the claim for service connection for lumbosacral strain before a decision was made by the Board.

The Board has determined that there was a duty to assist error and remanded the case for an addendum opinion regarding whether the Veteran's erectile dysfunction disability is caused by or aggravated by his service-connected heart, back, and radiculopathy disabilities.

The Veteran's claims for service connection for allergic rhinitis, sinusitis, neck disability, and back disability are being remanded due to the need for VA examinations.