Back / lumbar spine decisions — 2024

The Veteran's service-connected disabilities, including degenerative joint disease of the cervical spine, right upper extremity radiculopathy, degenerative joint disease of the lumbar spine, and right lower extremity radiculopathy, have resulted in a combined rating of 60 percent as of March 15, 2019. The Board has granted an earlier effective date for TDIU to this point.

The Board has decided to remand the claims for further development due to duty-to-assist errors.

The Veteran's service-connected disabilities, including bilateral hearing loss, lumbar spine DDD, tinnitus, eczema, and left-hand arthritis, have rendered him unable to secure or follow a substantially gainful occupation since June 29, 2021.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a duty to assist error. The issues include right shoulder, left shoulder, bilateral foot, gastroesophageal reflux disease (GERD), cervical strain with degenerative arthritis, and lumbosacral strain.

The Veteran's claims of increased ratings for his left ear hearing loss, incision scar posterior neck, and cervical spine disability are denied. The claim for service connection for TBI is remanded.

The Veteran's service-connected disabilities, including back disability, radiculopathy, knee and foot disabilities, and hearing loss/tinnitus, render him unable to secure or follow substantially gainful employment prior to August 29, 2022. The Board has granted a TDIU based on the severity of these conditions.

The Veteran's claim for service connection for a lumbar spine disability has been granted. The claim for service connection for a cervical spine disability is remanded due to insufficient evidence regarding whether the cervical spine disability was caused by or aggravated by the lumbar spine disability.

The Veteran's claims for earlier effective dates for service connection were denied as the appeals are legally prohibited.,No valid theory of entitlement was presented to enable an earlier effective date.

The Board has decided to remand the case due to a lack of treatment records, requiring an addendum opinion on whether the Veteran's back disorder is related to service.

The Board has remanded the Veteran's claims for cervical spine, lumbar spine, and right drop foot disabilities due to insufficient evidence regarding their etiology. The AOJ is required to obtain a VA examination and provide medical opinions.

The Board has denied the Veteran's claims for service connection for migraine headaches and a low back condition/back injury, finding that there is no credible evidence linking these conditions to his military service.

The Veteran's claims for effective dates prior to July 22, 2021, for service connection have been denied as the evidence does not show a complete claim was received within one year of the intent to file.,VA has also determined that an effective date prior to July 22, 2021, for SMC based on anatomical loss of use of the bilateral breasts is not warranted due to lack of service-connected disabilities.

The Veteran's service connection claim for a right lower extremity neurological disorder is denied. The RO granted an increased disability rating of 10 percent for GERD from June 24, 2022, and denied claims for increased ratings for dermatitis, back disability, left lower extremity sciatica, and knee strains.

The Board has granted the Veteran's appeal for increased ratings and additional benefits, including a temporary total evaluation for low back due to surgery, SMC based on housebound criteria, and service connection for left lower leg radiculopathy. The decision also grants eligibility for attorney fees from past-due benefits awarded in October 2022.

The Veteran's claims for increased ratings and service connection are being remanded due to scheduling issues with VA examinations. The Board will attempt to schedule the necessary examinations at the closest VA Medical Center to the Veteran's home.

The Veteran's service-connected disabilities, specifically lumbar myositis, right ankle injury residuals, and hemorrhoids, have rendered him unable to work since April 8, 2011. His TDIU is granted effective from that date, as well as his eligibility for Dependents' Educational Assistance (DEA) under 38 USC chapter 35.

The Veteran's lumbosacral strain is rated at 40 percent effective November 12, 2019.,Left shoulder arthritis and related disabilities (bicipital tendon tear, rotator cuff tear, labral tear including SLAP) are rated at 30 percent effective May 23, 2019. The Veteran's left lower extremity radiculopathy of the femoral nerve is rated at 40 percent effective January 1, 2019. The Veteran's right lower extremity radiculopathy of sciatic nerve and right lower extremity radiculopathy of the femoral nerve are both rated at 30 percent effective January 1, 2019.,TDIU (total disability rating based on individual unemployability) is not granted due to lack of evidence showing entitlement prior to November 27, 2018.,DEA (Dependents' Educational Assistance) eligibility is denied as it requires a total disability rating.

The Veteran's claims for earlier effective dates for lumbosacral strain, sciatic nerve left lower extremity radiculopathy of the lumbar spine, left foot injury, and sciatic nerve right lower extremity radiculopathy of the lumbar spine have been dismissed as freestanding claims without a request for reconsideration based on clear and unmistakable error in prior final rating decisions.,The Veteran's claim for an earlier effective date for scar of the left lower extremity has also been dismissed. The Board found no evidence that can be construed as a claim for this condition prior to August 26, 2019.

The Board denied an initial disability rating in excess of 10 percent for the appellant's service-connected lumbosacral spine disability, finding that the evidence did not support a higher rating based on functional loss due to pain and stiffness during flare-ups.

The Board has remanded the claims for service connection for a lower back condition, right leg radiculopathy, and left leg radiculopathy due to procedural errors. The Veteran's tinnitus claim remains denied.