Back / lumbar spine Board decisions

The Board has remanded the claims for a lumbosacral disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to duty to assist errors. The Veteran's service includes active duty from August 1995 to April 2000 and January 2001 to August 2002.

The Board has granted service connection for the Veteran's lumbar spine and right lower extremity radiculopathy conditions effective September 30, 2015.

The Veteran's TDIU was granted effective from October 15, 2018, based on his service-connected back disability. The Board found that the date of claim is July 29, 2014, and determined it was factually ascertainable that the Veteran met the requirements for TDIU within one year prior to this effective date.

The Board denied the Veteran's claims for TDIU prior to August 28, 2013 and from August 28, 2013 and prior to November 26, 2019. The evidence did not meet the criteria for a schedular or extraschedular TDIU.

The Board has granted service connection for degenerative disc disease and spondylolisthesis of the cervical spine, finding that the Veteran's current condition is at least as likely as not related to his military service.

The Veteran's claim for a higher rating for intervertebral disc syndrome with degenerative arthritis of the spine and right lower extremity radiculopathy was denied. The claim for a 30 percent rating for diverticulosis (claimed as a bowel condition) was granted, but subject to payment laws.

The Veteran's TDIU was granted effective November 6, 2020. The Board found that the criteria for an earlier effective date were not met.

The Board has dismissed the issue of entitlement to an increased rating for a lumbar spine disability due to improper docketing as an AMA appeal. The earlier effective date claims for TDIU and DEA are remanded.

The Board has denied the Veteran's claims for service connection for a chronic back disorder and for TDIU, finding that there is no evidence to support these claims.

The Veteran's right knee disability and lumbar spine disability are found to have onset in service, warranting service connection.,Service connection is granted for the Veteran's acquired psychiatric disability and bilateral lower extremity neuropathic pain.

The Veteran's appeal for service connection of a back condition was dismissed because the VA Form 10182 Notice of Disagreement (NOD) was not timely filed.

The Board has determined that the Veteran's lumbar spine disability is at least as likely as not related to his service-connected right knee disability, granting service connection on a secondary basis.

The Board has remanded the claims for service connection for cause of death and Dependency and Indemnity Compensation (DIC) due to a duty to assist error, including obtaining verification of the Veteran's exposure to herbicide agents during his service at Fort Polk, Louisiana. The examiner is asked to provide an opinion on whether any of the Veteran's service-connected disabilities or medications contributed substantially or materially to the cause of death.

The Board has denied service connection for high cholesterol as it is not a disability for VA benefits purposes. The remaining issues of service connection for lower back condition, hypertension, diabetes mellitus, and left eye condition are remanded for further development.

The Board has granted service connection for acromioclavicular joint arthritis of the right shoulder, left shoulder, and degenerative arthritis and spondylolisthesis of the lumbar spine. The claims were readjudicated due to new evidence received since a previous denial.

The Veteran's service connection claims for coronary artery disease, hypertension (pursuant to the PACT Act), emphysema with endobronchial valve in left lung, allergic rhinitis, sinusitis, bilateral hearing loss, right shoulder condition with degenerative arthritis, a left shoulder condition with degenerative arthritis, lumbosacral disability (lumbosacral strain with degenerative disc disease), and a left knee condition are granted.,The Veteran's service connection claims for emphysema with endobronchial valve in left lung, allergic rhinitis, sinusitis, bilateral hearing loss, right shoulder condition with degenerative arthritis, a left shoulder condition with degenerative arthritis, lumbosacral disability (lumbosacral strain with degenerative disc disease), and a left knee condition are remanded.

The Veteran's claims for effective dates prior to January 15, 2020 for the grant of increased disability ratings were denied.,The Board found that the earliest date entitlement arose was January 15, 2020, and thus the effective dates established by the April 2020 rating decision are correct.

The Board dismissed the appeal for service connection of lumbosacral strain/intervertebral disc syndrome (claimed as low back condition) due to untimeliness.

The Board has remanded the Veteran's claims for service connection due to exposure to toxic substances during his Southwest Asia deployment, including allergic rhinitis and sinusitis, migraines, and lumbosacral strain. The VA is required to obtain a medical opinion regarding these conditions based on their potential relation to service.

The Veteran's claims for service connection for a respiratory disability and low back disability, as well as his claim for TDIU prior to March 23, 2022, are being remanded due to pre-decisional errors. The Board will consider the evidence of record at the time of the October 2023 decision and any new evidence submitted by the Veteran or his representative.