Back / lumbar spine Board decisions

The Veteran's service-connected psychiatric disorder and back condition with associated radiculopathy prevented him from obtaining or maintaining substantially gainful employment from May 26, 2021, through August 22, 2022. The Board granted TDIU for this period.

The Board has determined that the Veteran's back disability is etiologically related to his active service, and therefore grants entitlement to service connection for a back disability.

The Board denied the Veteran's claims for service connection for a back disability and anxiety disorder on secondary basis, finding that there was no legal merit to his claims due to lack of service connection for the primary condition.

The Veteran's claim for service connection for lumbar spine arthritis is granted. The Board finds that the evidence supports a finding of in-service injury and continuity of symptomatology, granting service connection. For the neck disability issue, the case is remanded as there was no VA examination conducted.

The Board has determined that the AOJ's decisions denying service connection for low back pain and neck pain were not based on a thorough review of the evidence, particularly in light of the Veteran's Persian Gulf veteran status. The Board is therefore remanding both claims to allow for new examinations and opinions under the PACT Act.

The Board has granted service connection for tinnitus and has remanded the claims of lower back condition, left wrist condition, and mental health condition (post-traumatic stress disorder).

The Board has denied the Veteran's claims for service connection for left ankle, low back, left knee, and right knee disabilities due to a lack of evidence showing these conditions began during or are otherwise related to his military service.

The Board denied the Veteran's claim for service connection for a back disorder, finding that there was no evidence showing the condition manifested in service or is otherwise related to her military service.

The Board has determined that the Veteran's lumbosacral spine disability is related to his military service and has granted service connection for this condition.

The Board has found that there is a pre-decisional duty to assist error due to the inadequacy of the June 2023 VA examination. The Veteran's low back disability was rated under Diagnostic Code 5242, which does not contemplate the ameliorative effects of medication.

An initial 40 percent rating for thoracolumbar strain with degenerative joint disease is granted from December 20, 2005 to June 26, 2015.,A higher initial rating in excess of 40 percent for thoracolumbar strain with degenerative joint disease is denied prior to and from June 26, 2015 onwards.,An initial 10 percent rating for right lower extremity radiculopathy is granted from December 20, 2005 to January 6, 2017.,A higher initial rating in excess of 10 percent for right lower extremity radiculopathy is denied prior to and from January 6, 2017 onwards.

The Veteran's service-connected disabilities, including above the right knee amputation and diabetic peripheral neuropathies of both lower extremities, render him in need of regular aid and attendance due to his inability to perform daily activities without assistance. The Board has granted SMC at the R-1 rate.

The Board has denied service connection for cervical and lumbar spine disabilities, finding that the current conditions are not related to service or any presumptive exposure.

The Veteran's low back disability did not meet the criteria for a rating in excess of 10 percent, as it did not result in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or combined range of motion not greater than 120 degrees. There was no evidence of muscle spasm or guarding resulting in an abnormal gait or spinal contour.

The Board has determined that the severance of service connection for high blood pressure/hypertension was proper. The Veteran's claims for back disability, sleep apnea syndrome, and acquired psychiatric disabilities (anxiety and depression) are remanded due to inadequate examination reports.

The Veteran's degenerative arthritis and thoracolumbar spine scoliosis was granted a 40 percent rating on and after February 3, 2021. The prior period remains denied.

The Veteran's back disability was rated at a 40 percent effective December 24, 2020.,VA also granted Dependents' Educational Assistance (DEA) benefits from the same date.

The Veteran's back condition, including lordosis and Degenerative Disc Disease (DDD), is being remanded for further examination to determine if the conditions are service-connected based on aggravation. The AOJ will review additional evidence since the May 2021 rating decision.

The Veteran's claim for a back disability is denied as he does not have a current diagnosis of a back disability or back pain resulting in functional impairment.

The Board has granted service connection for tinnitus. The lumbar spine disability, PTSD, HTN, and ED issues are remanded due to a pre-decisional duty to assist error.