Back / lumbar spine decisions — 2024

The Board has denied service connection for back, left knee, and right knee conditions. The Veteran's claim of service connection for an acquired psychiatric disorder (depression and anxiety) is remanded due to a misapplication of the presumption of soundness.

The Veteran's service connection claim for DMII was granted effective April 11, 2020. The initial evaluations for lumbosacral strain and left knee pain were denied. The Veteran's peripheral neuropathy disabilities are rated at 20 percent each since April 24, 2021.

The Board has remanded the Veteran's claims for bilateral wrist disorder, lumbar spine disorder, and foot disorder due to pre-decisional duty to assist errors. The issues are related to direct service connection.

The appeal for TDIU from August 1, 2019 is dismissed. The appeal for SMC at the housebound rate from August 2, 2019 to October 7, 2021 is denied.

The Veteran's back condition and bilateral lower extremity radiculopathy have not improved under the conditions of daily life, and his knee conditions are also remanded for further evaluation.

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's sleep apnea was aggravated by his service-connected PTSD or degenerative arthritis of the thoracolumbar spine, and obesity. The AOJ is instructed to obtain a new opinion addressing these issues.

The Veteran's claims for increased ratings of his back disability and TDIU are remanded due to procedural errors. The earlier effective dates for DEA eligibility and TDIU are also remanded.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's service connection claims for a lumbar spine disorder, bilateral hearing loss, tinnitus, left wrist disorder (carpal tunnel syndrome), and right wrist disorder (carpal tunnel syndrome). The AOJ is directed to consider these claims in their entirety.

The Veteran's claim for service connection for a back disorder is being remanded due to the failure to provide a VA examination and because of the duty to assist error regarding the separation examination. The examiner will be asked to determine if the Veteran's current back disorders are related to his military service.

The Board has determined that the decision denying eligibility for PCAFC is not clear and does not provide adequate reasons or bases. The Veteran's service-connected conditions, including PTSD, major depressive disorder with generalized anxiety disorder, sleep apnea, gastroesophageal reflux disease (GERD) with irritable bowel syndrome (IBS), tension headache, left shoulder labral tear, wrist tendinitis, fibromyalgia, lumbosacral strain, knee pain, plantar fasciitis, tinnitus, TMJ capsulitis, dry eye syndrome, allergic rhinitis, scars, and psoriasis are considered. The Board has ordered remand to clarify the reason for denial and provide proper notice.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability as due to his service-connected left knee PFPS with meniscal tear or right knee PFPS (limitation of flexion), finding that these conditions did not cause or contribute to his current lumbosacral spine disability.

The Board dismissed the appeal of the Veteran's claim for a total disability rating due to individual unemployability (TDIU) as it was fully addressed in a previous decision.

The Veteran's initial claim for a 10 percent rating for right groin strain has been granted. The claims for service connection for lumbar spine disorder, right hip disorder, and left hip disorder have been remanded due to the need for additional medical opinions.

The reduction of the Veteran's lumbar spine disability rating from 20 percent to 10 percent, effective December 15, 2021, was improper and restoration of the 20 percent rating is granted. The claims for service connection for diabetes mellitus type II, hypertension, IBS, and left hip disabilities are remanded.

The Board has remanded the case due to inadequate compliance with prior remand directives, specifically regarding the impact of the Veteran's service-connected disabilities on his ability to work for the period prior to January 14, 2021.

The Veteran's back brace, used for a service-connected disability of degenerative arthritis of the lumbar spine, caused wear and tear to his clothing in 2018. The Board granted an annual clothing allowance for this year.

The Board has granted an initial 40 percent rating for the Veteran's low back disability from August 20, 2006 to May 1, 2014. The rating is subject to controlling regulations governing the payment of monetary awards.

The Veteran's TDIU claim is granted effective February 11, 2011. Basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) benefits based on permanent and total disability status is also granted from the same date. The appeal concerning increased ratings for left knee instability prior to January 23, 2023, and left knee post-traumatic arthritis with moderate residuals is dismissed.

The Board has remanded the Veteran's claims for increased ratings and earlier effective dates for his lumbar spine disability, as well as his claim for SMC at the housebound rate. The claims are being returned to the AOJ for further development.

The Veteran is granted an extraschedular TDIU and basic eligibility for DEA from December 16, 1997 due to his service-connected lumbar disability.