Back / lumbar spine decisions — 2024

The Veteran's claims for effective dates prior to August 14, 2012, for the increased evaluations of his service-connected migratory arthritis conditions have been denied as it is not factually ascertainable that an increase in disability occurred.

Service connection is granted for lumbar spine osteoarthritis, right foot onychomycosis, left foot onychomycosis, right ear hearing loss, and left ear hearing loss.,Service connection is remanded for PTSD and headaches.

The Board has granted an effective date of December 23, 2014 for the grant of a total disability based on individual unemployability (TDIU) due to service-connected disabilities. The Veteran met the schedular criteria for TDIU at that time.

The Veteran's appeal for service connection and rating of his conditions has been dismissed.

The Veteran's service-connected migraines are rated at 50 percent, the highest schedular rating under DC 8100. The Veteran's service-connected degenerative arthritis of the thoracolumbar spine and mild levoscoliosis is not rated higher than 20 percent.

The Board has decided that the Veteran's claims of entitlement to service connection for a right shoulder disability and low back condition should be remanded due to procedural errors, lack of VA examination, and need for additional records.

The Board denied the Veteran's claims for service connection for depressive disorder and anxiety disorder associated with PTSD, lumbosacral strain, and earlier effective dates for TDIU and Dependents' Educational Assistance under 38 U.S.C. Chapter 35.

The Veteran's heart condition, supraventricular tachycardia, is currently rated at 10 percent. The Board finds no basis to grant a higher rating.,An initial disability rating of 30 percent for the Veteran's migraine headache disorder is granted.

The Veteran's claims for diabetes mellitus, kidney disease, hypertension, hemorrhoids, hyperlipidemia, and a back condition have been denied as the evidence does not support a relationship to service.,Service connection is denied for all claimed conditions due to lack of in-service event or injury, no continuity of symptomatology, and insufficient medical evidence linking any current disability to service.

The Board has determined that the Veteran's thoracolumbar spine disorder is related to his active-duty service and grants service connection for this condition.

The Board has determined that additional development is needed for the Veteran's claims of increased ratings for his lumbar spine and left knee disabilities, as well as his claim for a TDIU. The issues are being remanded to allow for further examination and consideration.

The Veteran's claim for service connection for major depressive disorder has been readjudicated, with the Board finding that new and relevant evidence supports her claim. Service connection for degenerative arthritis of the lumbar spine is granted.

The Board has remanded the claims of service connection for lower back disability and right leg numbness due to an injury sustained during ACDUTRA in May 2011. The AOJ is required to schedule a new VA examination to address whether these conditions are related to the claimed injury.

The Board has remanded the claims for compensation under 38 USC � 1151 due to a duty to assist error in obtaining VA treatment records and failing to obtain an appropriate medical opinion regarding whether the Veteran's conditions are related to his 1992 VA treatment.

The Board has decided to remand the issue of service connection for a back disability due to insufficient evidence in the original decision. The Veteran's claim will be reviewed again with new medical opinions.

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claims for service connection for OSA, neck condition, right shoulder condition, left shoulder condition, left elbow condition, and back condition. The AOJ is required to obtain a VA medical opinion addressing the nature and etiology of these conditions.

The Board found that the reduction of the Veteran's disability rating from 20% to 10% for degenerative arthritis of the lumbar spine was improper and restored her original 20% rating.

The Board has determined that the Veteran does not meet the criteria for SMC based on aid and attendance or housebound status due to his service-connected disabilities.

The Board has remanded the claims for service connection for a lumbar spine disorder, increased rating for PTSD, and TDIU due to pre-decisional duty-to-assist errors. The Veteran is required to be afforded a VA examination for his low back disability claim, and efforts must be made to obtain records of his PTSD groups at Dallas VA.

The Board has determined that the AOJ decision on appeal is not final due to procedural errors and requires further action, including a new underwriting numerical rating sheet.