Back / lumbar spine Board decisions

The Board has granted service connection for a low back condition, left lower extremity radiculopathy, and right lower extremity radiculopathy, finding that these conditions are related to the Veteran's now service-connected low back condition.

The Veteran's low back disability has been granted a 40 percent rating, effective August 29, 2020.

The Veteran's lumbosacral strain was rated at 10% from August 5, 2019. The claim for a higher rating was filed on May 22, 2020, and the Board found that the effective date should be set to May 22, 2020, as this is when the Veteran first submitted a claim for an increased rating.

The Veteran's claim for service connection for degenerative disc disease with spondylosis, lumbar spine was denied. The effective date of the award is April 14, 2021.

The Board has granted service connection for right knee strain and denied service connection for hypertension, OSA, cervical spine arthritis, left shoulder arthritis, and lumbar spine arthritis. The Veteran's right knee strain is found to be related to his in-service symptoms and post-service treatment. However, the Board determined that there was no nexus between the current diagnosis of hypertension and the elevated blood pressure readings during service.

The Board has decided to remand the case due to a duty-to-assist error in the previous rating decision, and requires additional opinions regarding whether the Veteran's GERD is caused or aggravated by his service-connected back disability.

The Veteran's right knee disability, status post total arthroplasty, is denied a rating in excess of 30 percent.,The Veteran's degenerative arthritis of the thoracolumbar spine and IVDS is denied a rating in excess of 20 percent.,The Veteran's service-connected right lower extremity radiculopathy from March 6, 2019, is granted a disability rating of 20 percent.,The Veteran's service-connected left lower extremity radiculopathy has not been rated higher than 20 percent.

The Veteran's claim for service connection of a low back condition is being remanded due to the submission of new and relevant evidence. The AOJ will obtain his VA and private medical records related to his back surgeries and treatment.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his service-connected conditions were not the principal or contributory causes of his death.

The Board has decided to remand the Veteran's claims for gastritis and lumbar spine disability due to insufficient evidence in their initial decision. The case will be returned to the AOJ for further review.

The Veteran's cervical spine degenerative arthritis is granted a 30 percent rating.,The Veteran's lumbar spine degenerative arthritis is granted a 40 percent rating.

The Board has granted a revision of the April 6, 2021 decision to reflect an earlier effective date of February 5, 2012 for the grant of individual unemployability due to service-connected disability (TDIU). The Veteran's TDIU claim was inferred during the course of his appeal for service connection claims.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on aid and attendance or housebound status due to his employment as a courthouse bailiff, which is inconsistent with needing regular aid and attendance.

The Veteran's claims for an effective date prior to April 22, 2021, for a 20 percent rating for segmental dysfunction of thoracolumbar region and service connection for radiculopathy of the bilateral lower extremities have been denied as there is no evidence showing symptoms that meet or approximate the criteria for a 20 percent rating prior to April 22, 2021.

The Board has granted service connection for a thoracolumbar disability characterized by back pain. The right lower extremity disability, to include radiculopathy, is remanded due to the need for additional medical examination and opinion.

The Board has denied the Veteran's claims of service connection for left foot, right foot, left knee, right knee, left shoulder, and lumbar conditions due to a lack of evidence showing current disabilities related to service.

The Veteran's appeal for an earlier effective date for the evaluation of their lumbar spine condition has been dismissed because they passed away during the appeal process.

The Board has denied the Veteran's claim for service connection for a left ankle disability due to lack of current diagnosis.,All other claims on appeal are remanded as there is a duty to assist error in obtaining opinions prior to the May 2019 rating decision.

The Veteran's service-connected disabilities rendered him unable to secure or maintain substantially gainful employment as of November 27, 2020. An effective date of November 27, 2020 is granted for the assignment of a total disability rating based on individual unemployability (TDIU).

The Veteran's lumbosacral strain is currently rated at 10 percent, and the Board has decided to remand the case for a new VA examination to determine the appropriate rating.