Back / lumbar spine decisions — 2024

The Veteran's right and left lower extremity radiculopathy, as well as lumbar spine facet joint degeneration, have been granted effective from June 15, 2015. The Veteran's lumbar spine scars were also granted an effective date of the same day.

The Veteran's claims for service connection for lumbar spondylosis and hemorrhoids are remanded due to inadequate VA examination opinions. The Board will seek additional medical opinions to determine the etiology of these conditions.

The Veteran's service-connected disabilities, including his lumbar spine and TMJ conditions, prevent him from securing and following gainful employment. The Board granted a TDIU effective April 29, 2020.

The Veteran's lumbar spine disability has not more nearly approximated unfavorable ankylosis of the lumbar spine or the entire spine, and there are no incapacitating episodes meeting the criteria for a higher rating. The appeal is denied.

The Board has granted an earlier effective date of July 3, 2019 for the grant of service connection for lumbosacral strain, bilateral knee strains, and tinnitus. The Veteran's intent to file was received by VA on that date.

The Veteran's cervical spine disability is granted as service-connected.,The effective date for the lumbar spine disability is set at June 14, 2017.,A 40 percent rating for the lumbar spine disability is assigned with a June 14, 2017, effective date.,Separate ratings for left lower extremity radiculopathy of the sciatic nerve and femoral nerve are granted with a June 14, 2017, effective date.,The right knee disability is rated at 30 percent with a June 14, 2017, effective date.,Right lower extremity radiculopathy of the sciatic nerve and femoral nerve are each rated at 20 percent with effective dates prior to January 14, 2019.,The right knee instability is rated at 10 percent with an effective date prior to June 12, 2020.,Service connection for a migraine headache disorder is granted and the earliest possible effective date of November 7, 2017, is assigned.

The Veteran's appeal was dismissed due to his death. The Board had no jurisdiction to adjudicate the merits of the appeal as it pertained to conditions and issues related to service connection.

The Board has determined that there were errors in the VA's duty to assist and remanded both issues of service connection for back disability and obstructive sleep apnea. The Veteran is required to undergo a VA examination to determine the etiology of his claimed disabilities, as well as obtain relevant private medical records.

The Veteran's appeal was dismissed due to his death. The Board had no jurisdiction to adjudicate the merits of the appeal as it pertained to conditions and issues related to service connection.

The Board has granted service connection for the Veteran's right wrist, lower back, right hip, and left hip conditions.

The Board has remanded the Veteran's claims of service connection for PTSD, depression, bilateral knee disabilities, and lumbar spine disability due to a duty to assist error. The Veteran must be provided with addendum opinions addressing his in-service stressors, injuries, and complaints.

The Board has dismissed the appeal for an effective date prior to June 19, 2017, for a temporary evaluation of 100 percent based on surgical or other treatment necessitating convalescence for a lumbar spine disability. The issue was not properly before the Board due to procedural issues.

The Board has granted service connection for tinnitus but has remanded the claims of lumbosacral strain and cervical strain due to insufficient medical opinions.

The Veteran is granted SMC at the rate specified in 38 U.S.C. § 1114(o) due to his service-connected disabilities and entitlement to SMC at the rate specified in 38 U.S.C. § 1114(r)(1) due to need for regular aid and attendance.

The Board has decided to remand the case due to a failure to obtain relevant medical records from Lakeland Pain Clinic, which may be relevant to the Veteran's claim for service connection for his back condition.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that her service-connected PTSD and/or back disability did not cause her obesity, which is necessary to establish secondary service connection. The VA examiners provided more persuasive opinions than the private examiner.

The Board has granted service connection for a low back disability and left lower extremity radiculopathy as secondary to the Veteran's now service-connected low back disability.

The Board denied service connection for left shoulder, right shoulder, and back disabilities. Service connection was granted for residuals of a fractured nose.

The Board has restored service connection for right and left leg sciatic radiculopathy due to the erroneous severance decision.,The Veteran's TDIU claim is granted as his service-connected disabilities render him unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected disabilities, including his back and knee conditions and psychiatric disorder, prevent him from securing or maintaining gainful employment. The Board has granted a TDIU based on the combined rating of at least 70 percent.