Back / lumbar spine decisions — 2024

The Board has decided to remand the case due to incomplete records and inadequate examination, requiring further development including obtaining additional medical records and scheduling a new VA examination.

The Veteran's lumbar spine degenerative arthritis with IVDS and right lower extremity radiculopathy were both found to not warrant a rating in excess of the currently assigned 10 percent disability ratings.

The Veteran's service-connected disabilities met the schedular criteria for a TDIU effective February 6, 2012. The Board found that he was unable to secure or follow substantially gainful employment due to his service-connected conditions.

The Veteran's asthma, left hip arthritis, bilateral knee arthritis, and thoracolumbar spine arthritis have all been granted service connection as they are related to his military duties and exposure during service.

The Board has denied the Veteran's claims for service connection for asthma, rhinosinusitis, sinusitis, and low back disability due to a lack of current diagnoses or evidence linking these conditions to his military service.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examinations, which are necessary to determine the nature and etiology of his claimed disabilities.

The Board has granted service connection for the Veteran's neck and back disorders, finding that they are at least as likely as not related to his military service. The effective date is not specified.

The Veteran's claims for clothing allowances due to use of bilateral shoe inserts and topical medication (Diclofenac) were denied as they do not qualify as items that wear or tear outer garments. The Veteran's back brace and knee braces were remanded because the specific types of braces used by the Veteran are unclear, and their impact on her clothing is also unclear.,The Veteran's claims for clothing allowances due to use of bilateral shoe inserts and topical medication (Diclofenac) were denied as they do not qualify as items that wear or tear outer garments. The Veteran's back brace and knee braces were remanded because the specific types of braces used by the Veteran are unclear, and their impact on her clothing is also unclear.

The Veteran's bilateral hearing loss is granted as service-connected. The initial rating for his thoracolumbar spine disability and the TDIU claim are remanded due to inadequate examination.

The Veteran's appeals for increased ratings on her service-connected migraine headaches, lumbar spine disability, PTSD with TBI, and scar of the right lateral forehead have been dismissed as she has withdrawn her appeal in its entirety.

The Board has determined that the VA examination provided was inadequate for adjudication of the Veteran's claim and thus remanded to schedule a new examination.

The Veteran's claim for an increased rating of his service-connected back condition was granted from January 30, 2009 to January 1, 2010. However, a higher rating in excess of 40 percent for the same period was denied. The Board also found that a TDIU rating on an extraschedular basis should have been considered prior to December 6, 2018.

The Board has remanded the Veteran's claims for service connection for various disabilities due to a pre-decisional duty-to-assist error in obtaining VA treatment records from Vista Imaging. The Veteran is not currently service connected for any of these conditions, and his claim for special monthly compensation based on need for aid and attendance is also remanded as it is inextricably intertwined with the service connection claims.

The Veteran's back disability, characterized by painful motion and forward flexion of the thoracolumbar spine greater than 30 degrees but less than 60 degrees, was not found to warrant an increased rating in excess of 20 percent.

The Veteran's service-connected disabilities, including a lumbar disorder, migraines, ovarian cysts, sarcoidosis, right and left lower extremity radiculopathies, have rendered her unable to secure or follow substantially gainful employment prior to January 28, 2009. The Board finds that referral to the Director of Compensation Service is necessary for consideration of an extraschedular TDIU.

The Veteran's claims for increased ratings for his back and leg conditions have been denied. The effective date for the TDIU and DEA benefits has been set at February 4, 2010.,The Veteran's service-connected disabilities do not meet the criteria for a higher disability rating in excess of 40 percent for status post lumbar laminectomy with degenerative joint disease or right/left lower extremity radiculopathy.

The Board has decided to remand the case due to incomplete service treatment records and an inadequate VA opinion regarding the etiology of the Veteran's back disabilities. The AOJ is required to obtain all relevant medical records and schedule a VA examination for further evaluation.

The Board has determined that new and relevant evidence has been received for the Veteran's claim of service connection for PTSD. The claims for lumbar strain, left ankle condition, and right ankle condition are being remanded due to insufficient medical opinions regarding their etiology.

The Board has determined that the Veteran's lumbosacral strain with degenerative arthritis of the spine and degenerative joint disease, as well as his left knee condition, right knee condition, right ankle condition, and left ankle condition do not meet or approximate the criteria for service connection.,Service connection was denied because there is no credible evidence showing that any current disability began during active service or is otherwise related to an in-service injury or disease.

The Board has granted service connection for low back disability, right and left lower extremity neuritis, and denied service connection for right and left sacroiliac joint dysfunction as secondary to service-connected bilateral lower extremity compartment syndrome with MTSS.