Back / lumbar spine decisions — 2024

The Veteran's claim for a higher rating for PTSD has been granted, effective February 10, 2017. The Board also found that the Veteran's lumbar disorder is service connected and assigned an effective date of February 10, 2017.

The Board has remanded the case due to inadequate compliance with prior remand instructions, specifically regarding medical opinions for sleep apnea. The Veteran's service-connected PTSD, low back disability, and hypertension are being considered as potential causes or aggravators of his sleep apnea.

The Board has granted a TDIU for the period from September 7, 2007 to September 8, 2008. The Veteran's service-connected disabilities rendered him unable to obtain and sustain substantially gainful employment during this period.

The Veteran's appeal for an earlier effective date for the assignment of a 20 percent rating for his low back disorder is dismissed as it is considered a freestanding claim.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that his current condition is least as likely as not related to his active military service.

The Board has remanded the claims for service connection for back and right knee disabilities due to a lack of compliance with previous remand requests.

The Veteran's cardiac disorder (PAPVR) is granted service connection, and his back disability remains at a 10% evaluation.

The Veteran's claim for SMC based on the need for regular aid and attendance is granted from April 30, 2014 to April 8, 2020. The other issues are remanded.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since February 2, 2007. The Board finds that the evidence is at least evenly balanced as to whether he was precluded by his service-connected disabilities from obtaining and maintaining substantially gainful employment in occupations related to his education, training, and work experience.

The Veteran's claim for service connection for diabetes has been reopened due to the submission of new and material evidence. Service connection is granted for a lumbar spine disability resulting from aggravation by his service-connected knee disabilities.,The Veteran's chest pain (claimed as costochondritis) remains on appeal, with an addendum opinion required to address all documented in-service incidents of chest pain.

The Veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment.

The Board has granted service connection for dental, jaw, and back disorders. The case is remanded for further development regarding the Veteran's claims of headaches and cold weather exposure.

The Board has granted effective dates of November 30, 2018 for separate ratings for sciatic nerve radiculopathy in both lower extremities. The Veteran's initial claim was not timely filed and the new evidence supporting this claim is within one year of his implied claim.

The Board has granted the Veteran's claims for service connection for right hand injury and lower back injury, finding that there is sufficient evidence to support these conditions as being related to his military service.,Both injuries are considered direct service connections based on their occurrence during active duty.

The Board has granted an initial rating of 50 percent for the Veteran's lumbar spine disability, but denied a higher rating and remanded the case for further development. The claim is also remanded to determine if there was clear and unmistakable error in a previous denial of service connection.

The Veteran's claim for service connection for a left knee disability has been reopened and granted. The claims for service connection for OSA, increased rating for lumbosacral strain, initial ratings for RLE sciatic radiculopathy (prior to October 12, 2018) and LLE sciatic radiculopathy (post October 12, 2018), TDIU based solely on an acquired psychiatric disorder, SMC at the housebound rate, and basic eligibility to DEA under 38 U.S.C. Chapter 35 have all been granted.

The Board denied service connection for degenerative disc disease of the lumbar spine as there was no evidence showing that the condition worsened during an April 2010 Active Duty for Training (ACDUTRA) period, and ACDUTRA is not considered active service.

The Veteran's claims for lumbar spine disability, tinnitus, left ankle disability, and right ankle disability have been granted.,The Veteran's claim for service connection for radiculopathy of the right lower extremity (RLE) and radiculopathy of the left lower extremity (LLE), as well as his claims for gastritis secondary to medications taken for service-connected disabilities, are remanded.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's back disorder is secondary to his service-connected left knee disorder. The claim will be returned for further development and an addendum opinion from a medical expert.

The Board has remanded several issues related to the Veteran's hearing loss, eye disorders, head trauma, and psychiatric conditions. The claims for a compensable rating for right ear hearing loss, service connection for left ear hearing loss, low back disability, hernia and groin disorder, and acquired psychiatric disorder other than PTSD are all being reviewed due to new evidence or changes in the Veteran's condition.