Back / lumbar spine decisions — 2024

The Veteran's claims for a compensable disability rating for his left foot condition and service connection for an acquired psychiatric disorder are being remanded due to pre-decisional duty to assist errors. The Board will schedule the Veteran for VA examinations to assess these issues.

The Board has determined that there are pre-decisional duty-to-assist errors and a need for new VA medical examination. The case is being remanded to address these issues.

The Board has remanded the Veteran's claims for higher ratings for adjustment disorder with anxiety and lumbar strain, as well as his claim for TDIU due to duty-to-assist errors in prior examinations.

The Veteran's TDIU claim is remanded for referral to the Director of Compensation Service for extraschedular consideration due to his service-connected disabilities.

The Veteran's service-connected disabilities are of sufficient severity to produce unemployability as defined by regulation, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied as he is already receiving the maximum schedular evaluation available.,The Veteran's claim for a rating of 40 percent, but no higher, for degenerative disc disease, lumbosacral spine, is granted. The evidence supports this decision based on his limited range of motion during flare-ups.

The Board has remanded the claims of service connection for anemia, right knee disability, low back disability, flat feet, and migraine headaches due to insufficient evidence. The claim for service connection for any acquired psychiatric disorder is recharacterized as including schizoaffective disorder.

The Board has decided to remand the Veteran's claim of service connection for mild lumbosacral degenerative disc disease due to pre-decisional errors and insufficient medical opinions. The case will be returned to the AOJ for further development, including obtaining a VA opinion on the etiology of the Veteran's back condition.

The Veteran's appeal for specially adapted housing and special home adaptation grant has been dismissed.,His claim for a rating in excess of 40 percent for lumbosacral spine disability is denied, as the evidence does not show unfavorable ankylosis or functional equivalent of ankylosis. The Veteran retains some range of motion despite pain and limited function.,The Veteran's TDIU claim has been granted effective December 13, 2019.

The Veteran withdrew his appeal for a disability rating in excess of 10 percent for a back disorder, and the case is dismissed without prejudice.

The Board has granted service connection for the Veteran's back condition, right knee condition, and left knee condition on a secondary basis to his service-connected bilateral feet and hip conditions.

The Veteran's initial evaluations for chronic sinusitis with allergic rhinitis and lumbosacral strain have been denied.,The Veteran's radiculopathy of the right lower extremity has not met the criteria for an evaluation in excess of 10 percent.

The Board has reduced the Veteran's cervical spine evaluation from 30 percent to 20 percent, finding that her forward flexion improved to 30 degrees. The reduction was proper as it did not affect her overall compensation and there is no evidence of an actual change in disability level.

The Veteran's claim for service connection was remanded multiple times, and the effective dates were ultimately granted as of March 13, 2008.,Initial disability ratings greater than 20 percent are also being remanded for further development.

The Board has remanded the Veteran's claims for service connection for COPD and osteoarthritis of the lumbar spine due to additional development being necessary, including a VA examination.

The Board has dismissed the claim for service connection for radiculopathy of the bilateral lower extremities as it was granted in a December 2022 rating decision. The restoration of the 40 percent disability rating for degenerative disc disease and arthritis of the lumbar spine is granted, but the reduction to 20 percent from July 1, 2020, is remanded due to an inadequate VA examination.

The Board has granted service connection for lumbar disc disease, left hip injury and arthritis, and right hip injury and arthritis. The decision is based on new evidence received after the April 2020 rating decision that supports a finding of in-service causation.

The Veteran's right hip disability is granted with a 70% rating, effective July 11, 2019.,His back disability is rated at 70%, and he also receives separate ratings for his right hip flail joint (80%).,Special monthly compensation (SMC) was granted from August 16, 2016, to July 21, 2020, and again from October 1, 2021, to August 10, 2022.

The Board has decided to remand the claim for a back disability due to insufficient evidence in the VA examination, and thus requires further medical opinion.

The Veteran's TDIU was granted in March 2023, effective November 23, 2022. The decision also granted increased ratings for migraines and lumbosacral strain.