Back / lumbar spine decisions — 2024

The Board denied the Veteran's requests for effective dates prior to April 6, 2020, for the award of separate 20% ratings for right and left lower extremity radiculopathy of the femoral nerve.,The Board also found that the Veteran is eligible for financial assistance in acquiring specially adapted housing due to his service-connected disabilities resulting in loss of use of both lower extremities.

The Veteran's right and left knee strains are granted as service connection. The Veteran's musculoskeletal bilateral foot disability, aggravated during service, is also granted.,Service connection for lumbar and cervical spine disabilities, and a skin disability of the feet, remains pending due to remand.

The Veteran's SMC was reduced due to the removal of his single service-connected disability rated at 100 percent. The Board found that he is no longer in receipt of a 100 percent rating for any single service-connected disability, thus denying his appeal to restore SMC.

The Board has granted SMC based on the need for regular aid and attendance effective August 2, 2018. The appeal seeking SMC at the housebound rate is dismissed as moot due to the award of SMC at the aid and attendance rate.

The Board has granted service connection for the Veteran's low back, neck, left wrist, right wrist, right knee, and right shoulder disorders. The appeal is allowed to that extent only.

The Veteran's claim for service connection for lumbosacral strain was denied as the evidence did not support a finding that his current condition began during service or is related to an in-service injury.,The effective date of service connection for PFB was denied because there were no formal claims filed prior to November 6, 2018.

The Veteran's claim for an earlier effective date for the award of a TDIU rating is denied as there was no prior informal, formal, or inferred claim for TDIU. The increase in disability occurred more than one year before the April 30, 2020 application.

The Veteran withdrew his appeals regarding the claims for service connection for a back disorder and a bilateral foot condition.

The Veteran's service-connected back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are currently rated at 20 percent each. The Board finds that a higher rating is not warranted under the applicable criteria.

The appeal for increased ratings for bilateral knee disorders, a lumbar spine disorder, and PTSD is dismissed due to the invalidity of the Veteran's VA Form 10182.

The Board has decided to remand the claims of service connection for left knee, right knee, and back disabilities due to pre-decisional duty to assist errors. New examinations are required.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also established.

The Veteran is seeking a temporary total rating for his service-connected cervical spine and lumbosacral strain disabilities due to convalescence after surgery. The RO failed to adjudicate this claim in its November 2020 decision, so the case is being remanded.

The Board has found that there were pre-decisional duty to assist errors and remands the issues of service connection for various ankle, knee, foot, and back disabilities. The AOJ must provide new VA examinations and obtain adequate medical opinions.

The Veteran's claim for bilateral hearing loss is denied as there is no current diagnosis of hearing loss that meets the regulatory threshold.,The Veteran's claim for psychiatric disorder is denied as there is no evidence linking his current condition to service.

The Board has denied the Veteran's claims for service connection for a lower back disability and bilateral hearing loss. The decision on the lower back disability claim is due to lack of in-service injury or event, while the hearing loss claim requires obtaining the actual audiometric test results.

The Board denied the Veteran's claims for service connection for a neck condition and migraine headaches, as well as his increased rating claims for left foot pes planus with DJD of the left great toe and right foot pes planus with DJD of the right great toe. The lumbosacral spine degenerative disc disease was also denied.

The Board has granted service connection for degenerative arthritis of the spine, lumbar stenosis, and disc herniation as well as right lower extremity radiculopathy secondary to these conditions. The decision is based on credible lay evidence and VA medical opinions that support a finding of in-service injury and continuity of symptoms since separation from service.

The Board has restored the Veteran's disability rating for lumbosacral strain, degenerative arthritis and IVDS with bilateral mild sciatic radiculopathy from 60% to 60%, effective July 1, 2020.

The Veteran's claim for an effective date prior to May 28, 2020, for the grant of a 40 percent evaluation for service-connected lumbar spine disability and TDIU is denied. The effective date is fixed in accordance with the facts found.