Back / lumbar spine Board decisions

The Veteran was granted a TDIU effective October 23, 2012, due to his service-connected migraines and other disabilities preventing him from securing or maintaining substantially gainful employment.,Basic eligibility for DEA benefits was also granted effective October 23, 2012, based on the Veteran's service-connected disabilities.

The Board denied requests for earlier effective dates for service connection of generalized anxiety disorder, left shoulder strain, lumbosacral strain (back disability), and tinnitus as the earliest date of receipt was September 13, 2021.

The Board has decided to remand the case due to a need for an addendum medical opinion regarding whether the Veteran's pre-service back injury was aggravated by his active-duty service, including his in-service fall and back injury.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional evidence and an examination.

The Board has decided to remand both the service connection claim for sleep apnea and the rating claim for degenerative arthritis with intervertebral disc syndrome, lumbar spine. The claims will be reconsidered by the AOJ with new medical opinions provided.

The Board has remanded the claims for diabetes mellitus, type II and bilateral carpal tunnel syndrome due to potential toxic exposure in service. The IBS with GERD claim is denied as it does not meet the criteria for a higher rating.

The Veteran's degenerative arthritis of the lumbar spine is rated at 20 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy of the left lower extremity is rated at 20 percent, which meets the criteria for an increased initial rating to 40 percent prior to July 10, 2019 and remains at 20 percent thereafter.,The Veteran's radiculopathy of the right lower extremity is rated at 20 percent, which meets the criteria for an increased initial rating to 40 percent prior to July 10, 2019 and remains at 20 percent thereafter.,The Veteran's chronic left hip strain (flexion) is not service-connected and thus does not meet the criteria for a higher rating.,The Veteran's left hip strain (extension) is rated at noncompensable (0 percent), which meets the criteria for an initial compensable rating.,The Veteran's left hip strain (impairment of thigh) is rated at noncompensable (0 percent), which meets the criteria for an initial compensable rating.,PTSD was granted service connection effective September 20, 2017 and does not meet the criteria for a higher rating.

The Board has remanded the case due to incomplete service treatment records and a need for further review of the evidence submitted by the appellant.

The Board has granted service connection for the Veteran's cervical spine condition, left heel condition, left knee strain, left shoulder condition, lumbar spine condition, and left foot condition, all of which are found to be related to his active service.

The Board has decided to remand the Veteran's claim of service connection for a lumbar spine disability due to insufficient evidence and need for further examination.

The Veteran's initial rating for low back disability and cervical spine disability was denied. The low back disability did not meet the criteria for a higher than 40 percent rating, while the cervical spine disability prior to October 15, 2019, did not meet the criteria for a higher than 10 percent rating.

The Board denied higher ratings for service-connected right knee disability, inguinal hernia, and lumbar spine disability. The Veteran's failure to respond or cooperate with scheduling VA examinations resulted in the denial of these claims as a matter of law.

The Board has granted a rating of 40 percent for the appellant's low back disability, effective August 6, 2020. The skin disability is rated at 10 percent. Other issues remain in appellate status.

The Board has determined that the Veteran's home modifications and equipment purchases are necessary to enable him to function more independently in his family and community without assistance, or with a reduced level of assistance.,However, additional equipment purchases and/or home modifications, such as an overhead cover for a wheelchair lift at the front of the home, a cover over the front walk, installation of a central air conditioning system, an addition to the home to include installation of a new bathroom downstairs, extension of the rear of the main bedroom to create space for a walk-in closet and a work-out room on the floor below; and creating access to an existing outdoor kitchen located near the pool area, are not necessary.,The Veteran's service-connected conditions do not necessitate these additional modifications.

The Veteran's lumbosacral strain is rated at 20 percent from April 12, 2016. He also received separate ratings of 10 percent for right and left lower extremity radiculopathy effective March 7, 2017, and July 30, 2019, respectively.

The Veteran's claim for a higher rating for his service-connected low back disability is granted, with a 40 percent rating effective July 1, 2014. The appeal is denied for more than the 40 percent rating.

The Veteran's initial migraine including migraine variant claim is denied as his symptoms do not include characteristic prostrating attacks.,The Veteran's low back condition remains rated at 20 percent, and the issue of entitlement to a TDIU is remanded due to inextricability with the low back rating.

The Board denied service connection for lumbosacral strain, right shoulder strain, and cervical strain as the evidence did not establish a causal link between the in-service injuries and current disabilities.

The Board remands the claim for a lower back disorder to schedule an examination and obtain an opinion on its etiology, including whether it is related to a motor vehicle accident during service.

The Board denied service connection for acquired psychiatric disability, right ankle disability, and back disability as the evidence did not support a finding of current disabilities related to or caused by the Veteran's active duty or service-connected conditions.