Back / lumbar spine Board decisions

The Board has remanded the Veteran's claims for left knee, left shoulder, and back disabilities due to errors in the AOJ's decision-making process. The AOJ is required to obtain new medical opinions addressing the etiology of these conditions.

The Veteran's service-connected low back condition and left leg radiculopathy prevented him from working as a police officer, gas station attendant, and greeter during the period from September 2, 2008 to May 8, 2012. The Board has remanded for further consideration of TDIU and DEA benefits.

The Veteran's cervical strain and lumbar DDD, DJD with compression fracture T12 disabilities have been restored to their original ratings of 30% and 40%, respectively. A total disability rating for compensation based on individual unemployability (TDIU) has also been granted effective December 21, 2020.

The Veteran's claim for service connection for right heel pain and compression fractures of the spine has been denied. The Veteran's right heel pain is not considered a disability for VA compensation purposes, and his lumbar spine disability remains at a 10% rating.,A remand is required to determine if the Veteran currently has any compression fractures of the spine.

The Veteran's application for VR&E benefits was denied because he did not meet the criteria for an employment handicap, despite having a combined rating of 100 percent due to his service-connected disabilities. The Board found that the Veteran had overcome any impairments caused by his disabilities and was employed in a suitable position.

The Veteran's appeal for service connection for a sleep disorder is dismissed as the benefit sought on appeal has already been awarded. The Board remands the remaining claims of service connection for neck, low back, left knee, and right knee disorders for further development.

The Veteran's left knee osteoarthritis and tinnitus have been granted service connection.,Headaches, low back disability, and bilateral ankle disabilities are remanded for further review.

The Board has remanded the Veteran's claims for service connection for a back condition and heart condition due to insufficient information regarding their etiology. The VA is required to provide an adequate medical opinion on these issues.

The Veteran's cervical spine disability is currently rated at 30 percent, which accounts for forward flexion of the cervical spine 15 degrees or less. From March 13, 2020, to October 15, 2021, the Veteran had cervical radiculopathy affecting all radicular groups with moderate incomplete paralysis on the major side and mild incomplete paralysis on the minor side.

The Veteran's claims for service connection for back disability and psychiatric disorder are being remanded due to pre-decisional duty to assist errors. The AOJ will need to obtain additional medical opinions addressing the issues of secondary service causation and whether a superimposed acquired psychiatric disorder is present.

The Board has remanded the case to refer it to the Director of Compensation Service for consideration of entitlement to a TDIU on an extraschedular basis due to the Veteran's service-connected disabilities prior to October 26, 2020.

The Veteran's service-connected disabilities, including bilateral hearing loss, lumbar spondylosis with degenerative disc disease, tinnitus, and radiculopathy, prevented him from securing or following substantially gainful employment. The Board has granted an effective date of March 20, 2019 for the TDIU.

The Veteran's claim for an earlier effective date for a higher rating of lumbosacral strain is granted. The Board finds that the earliest possible effective date is May 9, 2019, but no earlier, as this was within one year of his April 2020 VA Form 20-0995 submission. For the cervical spine disability and associated radiculopathy claims, the AOJ must obtain additional medical opinions to address the etiology of these conditions.

The Board has determined that new and relevant evidence has been received regarding the Veteran's claims for service connection for cervical spine, thoracolumbar spine spondylosis and stenosis post laminectomy syndrome (low back), right lower extremity lumbar radiculopathy, and left lower extremity lumbar radiculopathy. As a result, these claims are being remanded to allow for further review.

The Veteran's lumbar strain with degenerative arthritis of the spine is being remanded for further evaluation due to a lack of range of motion testing during flareups.

The Veteran's claims for service connection were denied. The Board found that there was no evidence to support the Veteran's assertions of in-service events or exposures related to his conditions, and thus could not establish a nexus between his current disabilities and service.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it is at least as likely as not related to his active military service.

The Board has determined that new evidence supports the Veteran's claims for service connection of his left foot condition, low back condition, and headache condition. The evidence shows these conditions worsened during active duty.

The Board has granted service connection for right leg varicose veins, generalized anxiety disorder (previously claimed as anxiety/depression), and lumbosacral strain with effective dates of June 29, 2020.

The Veteran's claims for service connection and earlier effective dates have been granted, with the awards of lumbosacral strain, radiculopathy of the left lower extremity, allergic rhinitis, tinnitus, nephrolithiasis, and major depressive disorder being effective September 15, 2017. The claim for an earlier effective date for service connection for major depressive disorder was denied.