Back / lumbar spine Board decisions

The Board has granted an earlier effective date of April 27, 2021 for the 40 percent rating assigned for thoracolumbar spine degenerative arthritis, strain.

The Board has remanded the Veteran's claims for increased ratings for his lumbar strain and cervical spine degenerative joint disease due to incomplete medical records and need for new examinations.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to duty-to-assist errors, and inadequate opinions regarding whether the Veteran's additional disability is caused by or aggravated by VA treatment.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the onset and etiology of his lumbar spine, right shoulder, left shoulder, gastrointestinal (Crohn's disease), and heart disabilities. The Veteran must be provided with VA examinations to determine if these conditions are related to his military service.

The Veteran's claim for an increased rating in excess of 20 percent for his back disability was denied, as the evidence did not show flexion limited to at least 30 degrees or ankylosis.,The Veteran's claim for service connection for an acquired psychiatric disability (Somatic Symptoms Disorder and Depression) was granted, as it is secondary to his service-connected back disability.

Service connection is granted for bilateral flat foot (pes planus) with plantar fasciitis and low back pain. Service connection for low back pain is remanded.

The Veteran's appeal regarding increased ratings and effective dates for various disabilities remains pending due to the AOJ not yet readjudicating the claims in the modernized review system (AMA).,Issues related to left knee disability, right knee disability, left shoulder disability, lumbosacral strain with DJD, cervical strain with DJD, and tinnitus are still under consideration.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease, thoracolumbar spine condition is being remanded due to the inadequacy of a previous VA examination. The Board requires a new examination to assess the current severity and functional loss caused by flare-ups.

The Board has remanded the case due to inadequate examination and failure to consider all service periods. The Veteran's low back disability is related to his active duty, ACDUTRA, or INACDUTRA.

The Board has remanded the claims of service connection for an unspecified anxiety disorder and a low back disability due to insufficient rationale in the VA medical opinions provided.

The Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) was denied because the effective date cannot be earlier than March 12, 2021. The TDIU award is based on the schedular requirements and not due to a new disability or change in existing disabilities.

The Veteran's claims for service connection were denied as the evidence did not support a finding that any of his claimed conditions began during or are otherwise related to his military service.

The Board has denied the Veteran's requests to readjudicate his claims for service connection due to lack of new and relevant evidence.

The Board has determined that the Veteran's service-connected disabilities did not cause or contribute substantially to his death, which was due to advanced age and cardiac arrest. The VA medical opinions found no causal link between the service-connected conditions and obesity, hypertension, or hyperlipidemia.

The Veteran's appeals for an increased rating in excess of 20 percent for lumbosacral strain and TDIU have been dismissed due to the Veteran's explicit withdrawal of all remaining appeals.

The Board has dismissed the appeals for service connection of bilateral knee strain and degenerative disc disease other than intervertebral disc syndrome (previously denied as lower back condition) due to the Veteran's request for withdrawal.

The Veteran's low back disability, diagnosed as degenerative disc disease/IVDS, is granted. The appeal for a TDIU based on PTSD and other service-connected conditions is dismissed due to procedural issues.

The Veteran's claim for a compensable disability rating for service-connected bilateral hearing loss was denied. The Board found that the evidence did not support a higher rating based on his current hearing acuity levels. For the lumbar degenerative arthritis and degenerative disc disease, the Board remanded the case due to inconsistencies in the VA examination findings regarding flare-ups.

The Board denied the Veteran's claim for service connection for a low back disability, including lumbosacral strain, intervertebral disc syndrome with bilateral lower extremity radiculopathy, and degenerative disc disease, finding that there was no evidence of an in-service injury or chronic condition related to his current disabilities.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU.