Back / lumbar spine Board decisions

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment from November 14, 2011 to March 19, 2020.

The Veteran's death was not caused by a service-connected disability, and the criteria for DIC under 38 U.S.C. § 1318 are not met.

The Veteran's claims for service connection have been dismissed due to untimely filing of the appeal.

The Veteran's service-connected disabilities did not render him sufficiently helpless as to need regular aid and attendance, nor did they require him to remain in bed. Therefore, the claim for special monthly compensation (SMC) based on the need for aid and attendance or at the housebound rate is denied.

The Veteran's cervical and lumbar spine disabilities, along with left upper and lower extremity radiculopathy, were denied compensable ratings prior to August 5, 2019.

The Veteran's appeal for service connection for migraines as secondary to degenerative arthritis of the lumbar spine was improperly docketed and dismissed due to a procedural error.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the previously denied claims for service connection for a back disability, pseudofolliculitis barbae, erectile dysfunction, left hip disability, right hip disability, disability of the peripheral nerves of the left lower extremity, disability of the peripheral nerves of the right lower extremity, GERD, and prostate. The Veteran's current disabilities are being readjudicated.

The Veteran's appeal for a higher rating for tinnitus is denied as the disability is already rated at its maximum.,Service connection for heart disability, left foot disability, right foot disability, lower back disability, gallbladder disability, left knee disability, left hip disability, and lower left leg disability are remanded due to errors in VA's pre-decisional duty to assist.

The Veteran's appeals for service connection for lumbar spine and right knee disorders were dismissed as the appeal was not timely filed.

The Veteran's lumbar spine disorder is now granted with an effective date of September 11, 2003. For the period from June 29, 2004 to May 18, 2021, a 20 percent rating has been granted. From May 19, 2021, no higher rating is warranted.

The Veteran's MDD and lumbar strain have been granted increased ratings of 70 percent and 40 percent, respectively. The decision also found that the Veteran has suicidal ideation which warrants a higher rating.

The Board has remanded the claims for a lower back disability, right knee disability, and right hip disability due to missing service treatment records. The Veteran's claims are being remanded for VA examinations to determine the nature and cause of his disabilities.

The Veteran's appeal for increased ratings for cervical strain and lumbosacral strain is being remanded due to the need for a new examination to assess the presence of radiculopathy or numbness conditions, which may be related to his service-connected cervical strain or lumbosacral strain.

The Board has determined that the Veteran's lumbosacral strain with degenerative arthritis and spondylolisthesis is service-connected, as it is linked to an in-service vehicular accident.

The Board has determined that the claims of entitlement to service connection for bilateral hearing loss, a left hand disorder, a right hand disorder, a low back disorder, a left knee disorder, and a right knee disorder, as well as migraine headaches, must be remanded due to pre-decisional duty to assist errors. The Veteran's specific disability pictures will need to be evaluated by VA examiners.

The Veteran's initial rating for a back disability is granted at 20 percent, and service connection is granted for right ankle and cervical spine disabilities. The claim for TDIU prior to January 4, 2013, is remanded.

The Board has denied the Veteran's claims for service connection for left hand sprain and lumbosacral strain, finding that there is no evidence of a nexus between these conditions and his military service.

The Board has granted service connection for the Veteran's lower back disability, finding that it was aggravated by his active-duty service.

The Board has granted service connection for degenerative joint disease lumbar spine and left lower extremity radiculopathy, finding that the Veteran's current conditions are at least as likely as not related to his military service.

The Board has denied service connection for degenerative arthritis and degenerative disc disease of the cervical spine, finding that there is no evidence to support a direct link between these conditions and service. The Veteran's statements regarding his symptoms are not considered competent medical evidence.