Back / lumbar spine Board decisions

The Veteran's TDIU claim is granted with an effective date of April 12, 2021. The Board finds that the combined effects of his service-connected right knee disability and PTSD with MDD prevent him from securing or following a substantially gainful occupation.

The Board has determined that there was a duty to assist error regarding the Veteran's low back condition, and thus remands the case for further action.

The Veteran's appeal for SMC at the intermediate rate was granted, with two half-steps awarded due to service-connected depressive disorder and obstructive sleep apnea. The Veteran is already entitled to a full step (SMC-L) based on his need for aid and attendance.

The Board has remanded the claims for service connection due to insufficient evidence of a nexus between the Veteran's current conditions and his military service. The Veteran is asked to undergo VA examinations to determine if he has left knee, lumbar spine, or lower extremity disorders, and whether these conditions are related to his service.

The appeal seeking agent fees based on past-due benefits awarded in a February 2021 rating decision is dismissed because the matter was not ripe for appeal.

The Board has denied service connection for tension headaches and has remanded the issue of service connection for a lumbar spine disorder.

The Veteran's service-connected disabilities result in a loss of use of both lower extremities, qualifying her for specially adapted housing.

The Veteran's depressive disorder with anxiety disorder resulted in occupational and social impairment, but did not meet the criteria for a higher rating.,The Veteran's thoracolumbar strain was rated at 10 percent disabling.

The Veteran's claim for service connection for lumbosacral strain was granted with an effective date of January 2, 2014. The decision is based on newly received service department records from the Veteran's in-service treatment in August 2009.

The Veteran's low back disability is rated at 40 percent effective January 29, 2009. The rating will be reduced to 10 percent prior to May 29, 2018 and increased to 40 percent thereafter.

The Board has determined that service connection is not warranted for bilateral pes planus, but has granted service connection for a right hip disability and a back condition.,Service connection for the right hip disability and back condition are granted as both conditions were incurred during active duty.

The Board has determined that the Veteran's right ear hearing loss did not meet the criteria for service connection as it was not shown during active service or at any time thereafter.,The Board has also determined that the Veteran's recurrent lumbosacral spine disability, including degenerative disc disease and spondylosis, did not meet the criteria for service connection as there is no evidence of such disability in service or for many years thereafter.

The Veteran's lumbar spine and cervical spine disabilities, as well as their associated radiculopathy conditions, have been granted initial ratings of 40 percent each. The GERD and IBS condition has also received an initial rating of 30 percent.

The Veteran's TDIU claim is being remanded due to the need for referral to the Director of Compensation Service for extraschedular consideration. The Veteran has multiple service-connected disabilities, but his combined rating does not meet the schedular requirements for a TDIU during any period on appeal.

The Veteran's major depressive disorder is rated at 50 percent, but the Board found that her symptoms did not meet the criteria for a higher rating.,Her lumbar spine degenerative disc disease with degenerative joint disease and levoscoliosis is currently rated at 10 percent. The Board determined that her symptoms do not warrant a higher rating.,Left lower extremity radiculopathy is rated at 20 percent, while right lower extremity radiculopathy is also rated at 20 percent.,Left knee osteoarthritis and right knee osteoarthritis are both currently rated at 10 percent.

The Veteran's appeals for service connection for alcoholism and a traumatic brain injury were dismissed because the VA Form 10182 was not filed within the required time frame.

The Veteran's claim for service connection for right shoulder shrapnel wound scar is granted. The claims for bilateral hearing loss and increased disability ratings for right shoulder bicipital tendonitis, lumbar strain with DDD and arthritis, and head injury are remanded.

The Veteran's appeal for a finding of permanent and total disability rating has been dismissed as the claim was fully resolved in his favor with the issuance of a May 2021 rating decision.

The Board has granted the veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities. However, SMC by reason of being housebound is denied as he does not meet the criteria.

The Board has remanded the claims for service connection due to a lack of a VA examination regarding the relationship between the lumbar spine disability and the service-connected cervical spine disability.