Back / lumbar spine decisions — 2025

The Board denied the Veteran's claims for a temporary total rating based on convalescence and entitlement to specially adapted housing, as he was not service-connected for a lumbar spine disability at the time of his spinal laminectomy in December 2019, and there is no evidence of loss or loss of use of any extremities that would preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

The Board of Veterans' Appeals has remanded the case for the purpose of providing the Veteran with notice concerning his right to a hearing as provided by 38 C.F.R. § 3.103(b)(1) and (d)(1).

The Board denied service connection for left cervical radiculopathy, bilateral hearing loss, and a compensable rating for Hashimoto thyroiditis. The Veteran's asthma, non-allergic rhinitis, and right shoulder scars were rated as initially granted or denied based on the evidence of record.

The Board remands the claims for a total disability rating based on individual unemployability due to service-connected disabilities and special monthly compensation based on aid and attendance, pending implementation of an earlier effective date for urge incontinence.

The Board denied the veteran's appeal for an extension of time to file a Board Appeal request, dismissing the attempted appeals.

The Board denied the veteran's claims for increased ratings and service connection, as well as remanded several other claims for further development.

The Board remands the claims for further development and to ensure proper due process, including adequate requests for service and medical records, and adequate medical examinations based upon an accurate record.

The Board denied a rating greater than 20 percent for the lumbar spine disability and an evaluation greater than 10 percent for right lower extremity radiculopathy, but granted an evaluation of 20 percent for left lower extremity radiculopathy. The claim for Morton's neuroma was remanded.

The Board remands the issue of entitlement to a rating in excess of 10 percent for low back disability prior to July 30, 2020, due to an inadequate VA examination.

The Board remands the issue of entitlement to service connection for a back disability due to errors in previous remand directives and an inadequate VA opinion.

The Board remands the claims for further development as there has not been substantial compliance with previous remand directives.

The Board denied the Veteran a disability rating in excess of 40 percent for his low back disability for the period prior to January 18, 2023 and in excess of 40 percent thereafter.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on aid and attendance/housebound status due to a lack of evidence showing that her service-connected disabilities rendered her in need of regular aid and attendance or housebound.

The Board remands the claims for service connection for a right knee disability and thoracolumbar spine disability for further development, including obtaining new VA medical opinions to address outstanding questions of nexus.

The Board granted service connection for an acquired psychiatric disability other than PTSD, to include major depressive disorder (MDD), and fibromyalgia as secondary to MDD. Service connection was denied for posttraumatic stress disorder (PTSD) and various musculoskeletal disabilities.

The Board remands the matter of entitlement to service connection for a lumbar spine disability due to an inadequate VA medical opinion.

The Board denied the Veteran's claim for an initial rating in excess of 50 percent for his service-connected psychiatric disability and remanded the issue of entitlement to an initial rating in excess of 40 percent for his service-connected degenerative low back disability.

The Board denied entitlement to a finding of total disability due to individual unemployability (TDIU) based on the Veteran's service-connected conditions prior to July 8, 2021.

The Board granted an initial 30 percent rating for spinal stenosis with degenerative arthritis and headaches as secondary to the service-connected cervical spine disability, but denied higher ratings for the cervical spine and upper extremity radiculopathies.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as there was not sufficient evidence to substantiate that his service-connected disabilities precluded him from securing or following any substantially gainful occupation.