Back / lumbar spine decisions — 2024

The Veteran's back disability was rated at 10 percent prior to March 19, 2020 and 40 percent thereafter. The rating for neck disability was also rated at 10 percent prior to March 19, 2020 and 30 percent thereafter.,The Veteran's back disability did not meet the criteria for a higher rating as it did not result in forward flexion limited to 60 degrees or less or a combined range of motion of the thoracolumbar spine limited to 120 degrees or less, even with consideration of functional loss.

The Board has decided that the AOJ improperly withheld VA compensation benefits for training days during FY 2019. The case is being remanded to clarify the number of training days performed by the Veteran and verify his military drill pay.

The Board has remanded the claims for service connection for right knee and low back disabilities as secondary to service-connected left knee and right foot disabilities due to a lack of VA medical opinions addressing these issues.

The Veteran's initial rating for scar, residual TMJ scope was granted at 10 percent. Service connection for a back disability and bilateral hearing loss disability were denied, while service connection for a skin disability and a rating in excess of 20 percent for TMJ syndrome are remanded.

The Veteran's service connection claims for various conditions, including diabetes mellitus type II and erectile dysfunction secondary to DMII, are granted. However, the claims for cervical spine disability, lumbar spine disability, left shoulder disability, right shoulder disability, left hip disability, right hip disability, traumatic brain injury (TBI), and headache disability are remanded due to duty-to-assist errors.

The Veteran's lumbar spine disability has been rated at 20 percent since March 4, 2019. The Board found that the evidence did not warrant a higher rating as there was no evidence of ankylosis or flexion limited to 30 degrees or less.

The Board has remanded the Veteran's claims for cervical and lumbosacral strain disabilities due to inadequate reasons and bases in the consideration of VA examinations conducted in December 2017.

The Board has remanded the case due to insufficient evidence regarding the service connection for a low back disability, including injuries sustained during basic training and National Guard service. The Veteran's current condition is being evaluated by a VA examiner.

The Board has determined that the Veteran's service-connected degenerative disc disease of the lumbar spine and right and left radiculopathy in the lower extremities required regular aid and attendance, warranting special monthly compensation (SMC) based on this need.

The Veteran's lumbar spine disorder is granted as secondary to his service-connected right lower leg disability. The claims for PTSD, TMJ/bruxism, and PFB are denied.

The Board has decided to remand the Veteran's claim of service connection for a back condition due to duty-to-assist errors and insufficient evidence.

The Board has determined that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable due to service-connected disabilities prior to October 19, 2011. The case is being remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's claims for service connection are being remanded due to the need for additional development and consideration of the evidence.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, qualifying for TDIU. His obstructive sleep apnea requires the use of a CPAP machine but does not meet criteria for a higher rating.

The Board has determined that the VA examinations used to rate the Veteran's service-connected disabilities are inadequate and remanded for further examination. The issues of rating higher than 20 percent for lumbosacral strain, rating higher than 10 percent for right knee strain with lateral and medical collateral ligament strain, status-post meniscal repair, service connection for left shoulder rotator cuff tear, service connection for right shoulder rotator cuff tear, and service connection for unspecified anxiety disorder are all remanded.

The Board has remanded the cases for new examinations to assess the severity of the Veteran's cervical and lumbar spine disabilities, as well as his lower left extremity radiculopathy. The issues are related due to their interrelated nature.

The Board has remanded the claims for service connection for radiculopathy of the left lower extremity, rating higher than 20 percent for a lumbar spine disability, and rating higher than 10 percent for radiculopathy of the right lower extremity due to new evidence presented.

The Veteran's service-connected left hip, low back, and left lower extremity disabilities have rendered him in need of regular aid and attendance. The grant of SMC based on the need for aid and attendance moots his claim for housebound status.

The Board has granted service connection for the Veteran's right shoulder disability, left shoulder disability, bilateral plantar fasciitis, cervical spine disability, and lumbosacral spine disability, all of which are deemed to have begun during active duty.

The Board denied increased ratings for lumbosacral strain and left knee strain, finding that the Veteran's conditions did not meet criteria for higher ratings based on limitation of motion or other factors.