Back / lumbar spine decisions — 2024

The Board has remanded the Veteran's claims for increased ratings for his service-connected low back disability and bilateral lower extremity radiculopathy due to inadequate VA examinations, lack of retrospective opinions, and need for additional development.

Prior to June 18, 2021, the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation. As of June 18, 2021, his single service-connected disability did not meet the criteria for TDIU.

The Veteran's claim for an increased rating for his service-connected degenerative arthritis of the lumbar spine was denied. The Board found that the criteria for a higher than 20 percent rating were not met.,The Veteran's claim for TDIU prior to March 18, 2019 is remanded for referral to the Director of Compensation and Pension Service for extraschedular consideration.

The Veteran's disabilities, including legal blindness and lumbar disc disease, result in his inability to care for his daily personal needs and protect himself from the hazards or dangers of his daily environment without regular assistance. The Board has granted special monthly pension based on the need for regular aid and attendance.

The Veteran withdrew all appeals related to increased ratings, compensation under 38 U.S.C. § 1151 for dental and oral conditions, depression with social anxiety condition and sleep disturbances, and service connection for left and right leg radiculopathy and migraines.

The Veteran's osteopenia of the lumbar spine, right femoral neck, left femoral neck, right total hip, and left total hip are currently diagnosed. The Board is remanding these claims due to pre-decisional duty to assist errors.

The Veteran's claims for service connection for Barrett's esophagus, headaches, and a back condition are being remanded due to inadequate medical opinions. The VA examiners failed to consider all relevant evidence and provide reasoned rationales.

The appeal of the issue of service connection for diabetes mellitus type II is dismissed. The Veteran's back condition is granted as etiologically related to service.

The Veteran's appeals for higher ratings for his service-connected painful scar of the lower back, lower back/lumbar scar, and hemorrhoids were denied. The Board found that the evidence did not support a rating in excess of the current assigned disability ratings.

The Veteran's service-connected conditions did not render him unemployable prior to November 30, 2021. The Board found that the evidence does not show he was unable to secure or follow a substantially gainful occupation solely due to his service-connected disabilities.

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not incurred in or caused by a motor vehicle accident during military service.

The Board has decided to remand all the claims for further development due to errors in obtaining medical records and military personnel records.

The Board has determined that there is a pre-decisional duty to assist error and remands the case for an addendum opinion from an appropriately qualified examiner regarding the nature and etiology of the Veteran's back disability, including whether it was caused by or aggravated by his service-connected left ankle disability.

The Board has determined that the Veteran's radiculopathy of the upper and lower extremities is related to his service-connected cervical strain and lumbosacral strain, but more opinions are needed to address whether these conditions were aggravated by those service-connected disabilities.

The Board has granted service connection for the Veteran's claimed right knee, left knee, lumbar spine, and right shoulder conditions as they are considered to be directly related to his active-duty service.

The Veteran's service connection for a low back disability and left lower extremity radiculopathy due to the low back disability is granted.

The Veteran's claims for left and right shin splints, painful joints, and bilateral hearing loss were denied as there was no evidence of these conditions during service or related to service. The claim for low back disability is also denied.,Service connection for obstructive sleep apnea remains remanded.

The Veteran's SMC was granted at the intermediate rate due to his need for aid and attendance, which is related to service-connected conditions including bladder and prostate cancer residuals, lumbar intervertebral disc syndrome, bilateral lower extremity radiculopathy, and bilateral knee disabilities. The Veteran does not meet criteria for loss of use of any extremities.

The Veteran's appeal is remanded for further development and readjudication due to the need for additional VA examinations, as well as consideration of extraschedular TDIU.

The Board has remanded the claims for lumbosacral strain, nerve pain in both lower extremities, and bilateral foot disability (plantar fasciitis) due to pre-decisional duty-to-assist errors. The Veteran is required to undergo new examinations and obtain medical opinions regarding his conditions.