Back / lumbar spine Board decisions

The Veteran's claim for a higher rating for his thoracolumbar spine disability is denied, and the service connection claim for an acquired psychiatric disorder is remanded to obtain a VA medical opinion.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions regarding his claimed disabilities, particularly scoliosis.

The Board has granted service connection for bilateral knee arthritis and low back pain, finding that the Veteran's symptoms are related to his in-service motor vehicle accident.,Service connection was denied for glaucoma as there is no evidence linking it to active service.

The Board has determined that the Veteran's appeal for service connection for high blood pressure and low back condition must be remanded due to a duty-to-assist error.

The Board has remanded the Veteran's claims for a rating higher than 10 percent for right and left lower extremity sciatic nerve radiculopathy, as well as for a rating higher than 40 percent for lumbar IVDS with degenerative disc disease. The reasons are that the Veteran failed to appear at the VA examination without providing good cause.

The Veteran's TDIU claim from September 24, 2021 to the present is dismissed as moot because he already had a 100% schedular rating and SMC at the housebound rate. The one-year period prior to September 24, 2021 for establishing eligibility for SMC was denied due to no single service-connected disability causing unemployability.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence in the record. The Veteran is not entitled to an initial compensable disability rating for hemorrhoids, and his claim of lumbar spine degenerative disc disease is also remanded.

The Board has determined that the Veteran's right knee, low back, and traumatic brain injury (TBI) claims should be remanded for further development due to inadequate examinations in July 2016.

The Veteran's claim for a TDIU was received on December 30, 2019. The effective date of the award is set at that time as there is no earlier formal or informal claim found in the record and the evidence does not reflect a factually ascertainable increase in disability prior to this date.

The Board has granted service connection for the Veteran's back disability, finding that his symptoms are related to an in-service accident and resolving reasonable doubt in his favor.

The Veteran's radiculopathy and lumbosacral degenerative disc disease are currently rated at 20 percent, but the Board finds that a higher rating is warranted for both conditions. The case is being remanded to correct any errors in the AOJ decision.

The Veteran withdrew all his appeals regarding the service connection for various radiculopathy conditions and degenerative arthritis of the thoracolumbar spine.

The Veteran's claim for a total disability rating based on individual unemployability is granted with an effective date of July 11, 2019.

The Veteran's appeals for service connection for bilateral hearing loss, obstructive sleep apnea, and traumatic brain injury have been dismissed.,The Veteran's appeals for service connection for lumbosacral spine disability, right arm/shoulder disability, and headache (including tension and migraine) are being remanded.

The Board has granted service connection for migraines and lumbar strain, effective from May 12, 2011, the day following the Veteran's separation from active duty.

The Veteran's lumbosacral strain has been granted an initial rating of 20 percent, effective June 25, 2015. The condition is rated under the General Rating Formula for Diseases and Injuries of the Spine due to its impact on forward flexion.

The Veteran's claim for a compensable rating based on multiple, noncompensable service connected disabilities prior to August 26, 2021 is granted. The Board has also remanded the issue of service connection for a lumbar spine disorder.

The Veteran's claim for an increased rating for costochondritis is denied as his condition does not meet the criteria for a 100% rating.,The Veteran's claim for an increased rating for back disability prior to December 5, 2019 and thereafter is denied. The Board finds that the evidence does not show impairment warranting a higher rating under any applicable diagnostic code.,The Veteran's claims for initial ratings of 20% for right lower extremity radiculopathy and left lower extremity radiculopathy are denied as there is no evidence of incapacitating episodes or other factors warranting such a rating.,The Veteran's claim for an earlier effective date for the award of service connection for right lower extremity radiculopathy is denied. The Board finds that the evidence does not show entitlement to an earlier effective date under any applicable law and regulations.

The Board has remanded the Veteran's claims for HIV, diabetes mellitus, type II, a heart condition, a kidney condition, a back disability, and bilateral hip disability due to inadequate development under the Appeals Modernization Act (AMA) and potential need for compliance with the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act).

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, right shoulder condition, lower back condition, bilateral ankle condition, and bilateral plantar fasciitis. The evidence did not meet the minimum requirements to trigger VA's duty to assist in these cases.