Back / lumbar spine decisions — 2024

The Veteran's service-connected disabilities caused significant limitations, but the Board found that they did not rise to the level of needing regular aid and attendance. The Veteran also does not meet the criteria for SMC based on having a total disability rating due to additional service-connected disabilities.

The Board has granted service connection for lumbosacral strain with intervertebral disc syndrome and right ankle lateral collateral ligament sprain, finding that the Veteran's current conditions are at least as likely as not related to in-service injuries.

The Veteran's appeal is being remanded due to the need for a VA examination to determine his eligibility for specially adapted housing and special home adaptation grant based on his service-connected disabilities. The claims are also remanded to determine if his pansinusitis constitutes an inhalation injury.

The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities did not render him unable to secure or maintain substantially gainful employment during the period on appeal.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's bilateral lower extremity radiculopathy is currently rated at 40 percent, and the Board finds no basis to grant a higher rating.,The effective date for the 40 percent rating for BLE radiculopathy cannot be prior to October 7, 2022.

The Veteran's claims for lumbosacral strain, right knee disability, left knee disability, and kidney failure have been granted. The Board found that the evidence is approximately balanced to show these conditions are etiologically related to service.

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, leading to a grant of SMC based on the need for aid and attendance.

The Veteran's bilateral hearing loss disability is rated at 0 percent, and the Board denied an initial compensable rating.,The Veteran's TDIU claim was also denied as he did not meet the schedular criteria for consideration of a TDIU.

The Veteran's appeals for service connection for bilateral hearing loss and herniated lumbar disc, L4-L5 were dismissed due to improper concurrent election of review under different appeal lanes.

The Veteran's bilateral lower extremity radiculopathy is found to be caused by her service-connected back disability, and the Board grants service connection for this condition.

The Veteran's appeal for service connection of a psychiatric disability, left shoulder disability, hearing loss disability, tinnitus, and right lower extremity disability was dismissed due to untimely filing of the Notice of Disagreement (NOD).,The Veteran's claim for an initial rating greater than 10 percent for lumbosacral strain was denied as her symptoms did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's claims for service connection for various conditions have been denied. The Board found no current disability related to the claimed conditions and did not find a causal relationship between any of these conditions and military service.,Additionally, some issues were remanded due to insufficient evidence or need for further evaluation.

The Veteran's service-connected rheumatoid arthritis and related disabilities are found to prevent him from working, and the case is being referred for extraschedular consideration.

The Veteran's appeal for a rating in excess of 10 percent for service-connected lumbar spine injury with degenerative joint disease is dismissed as the Veteran and his attorney have withdrawn the appeal.

The Veteran's service-connected disabilities rendered him unable to obtain and follow substantially gainful employment, leading to a TDIU award effective April 1, 2017.

The Veteran's low back disability is currently rated at 20 percent, which adequately reflects the extent of functional impairment and pain he experiences. The criteria for a higher rating have not been met.

The Board has determined that there is not enough evidence to support a finding that the Veteran's current lumbar strain began during active service or is related to an in-service injury or disease. The Veteran's complaints of back pain were inconsistent and did not result in an official diagnosis of a lumbar strain.

The Board has determined that the Veteran's claims for earlier effective dates and increased evaluations are remanded due to a duty to assist error. The issues of entitlement to TDIU are also remanded as they are inextricably intertwined with the other issues.

The Board denied the Veteran's claims for an effective date prior to November 1, 2018, for service connection of a lumbar spine disability and associated left lower extremity radiculopathy. The decision stated that there was no legal entitlement to an earlier effective date as the August 2014 rating decision denying the Veteran's claim became final when he did not timely perfect an appeal.

The Veteran's claim for an earlier effective date for the grant of service connection for arthritis and low back pain is denied. The Board found that no clear and unmistakable error (CUE) was present in either the November 1959 or June 2019 rating decisions, and thus, an earlier effective date is not warranted.