Back / lumbar spine decisions — 2024

The Board has granted a rating of 40 percent for the Veteran's lumbar spine disability prior to October 18, 2019, finding that the evidence supports this rating based on the Veteran's service-connected conditions.

The Veteran's appeal for left shoulder disability was withdrawn by the Veteran during his virtual Board hearing.,Service connection is granted for tinnitus, headaches, GERD, chronic pain syndrome, lumbar radiculopathy (legs and feet), lumbar radiculopathy (arms and hands), and unspecified depressive disorder. Service connection is denied for PTSD.

The Board denied the Veteran's claim for service connection for cervical spine degenerative disc disease, finding that there was no evidence of a chronic condition during or within one year after service and no causal relationship to service.

The Veteran's appeal for service connection of lumbosacral strain was dismissed because the appellant requested withdrawal prior to a decision being made.

The Veteran's TDIU was granted in the May 2023 rating decision, based on his service-connected psychiatric and back disabilities. This grant is considered past-due benefits eligible for attorney fees.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, and therefore, he does not qualify for financial assistance in purchasing an automobile or other conveyance or adaptive equipment.

The Veteran's service-connected disabilities render her unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU.

The Board denied effective dates prior to April 18, 2021 for the grants of service connection for various disabilities due to a lack of evidence showing an intent to file a claim before that date.

The Veteran's appeal for a higher disability evaluation for his lumbar spine disability was dismissed because the issue had already been adjudicated under the legacy system, and there is no case or controversy left to decide.

Your appeal for service connection for low back pain has been dismissed because you requested to withdraw your appeal.

The Veteran withdrew his appeals for restoration of a 60 percent rating for DDD of the lumbar spine and increased ratings for bilateral lower radiculopathy of the femoral and sciatic nerves.

The Board denied the Veteran's requests for earlier effective dates for TDIU and DEA benefits, finding that there was no indication in the record of unemployability due to service-connected disabilities prior to January 5, 2021.

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not caused by his military service.

The Board has granted service connection for low back strain. Service connection for high blood pressure is remanded due to inadequate examination.

The Veteran's appeal for service connection for irritable bowel syndrome and sleep apnea has been withdrawn.,Service connection for PTSD, right hip disability, left hip disability, low back disability, vertigo, and tinnitus is granted. Service connection for erectile dysfunction, gastroesophageal reflux disease (GERD), and hypertension is also granted under the PACT Act.

The Board has determined that additional development is needed to correct pre-decisional duty-to-assist errors and obtain the Appellant's National Guard service treatment records. The claims for bilateral hearing loss, right carpal tunnel syndrome, left knee disability, left carpal tunnel syndrome, low back disability, tinnitus, right shoulder disability, and right knee disability are remanded.

The Veteran's service-connected disabilities, including MDD and lumbar spondylosis, prevent him from securing or following a substantially gainful occupation since October 31, 2016. The Board finds that the criteria for TDIU are met on a schedular basis.

The Board denied service connection for a lumbar spine disorder and hypertension, finding no evidence of such conditions being related to military service or the Veteran's in-service injury. The Board also found that hypertension was not shown within one year after separation from active duty.

The Board has granted the Veteran's claim for SMC based on aid and attendance, but dismissed the claim for SMC based on housebound status due to the grant of SMC at the aid and attendance rate.

The Veteran's service-connected disabilities render him unable to care for his daily needs without requiring the regular aid and attendance of another person, leading to a grant of SMC based on the need for aid and attendance.