Back / lumbar spine Board decisions

The Veteran's claims for earlier effective dates and initial ratings have been denied. The claim for a higher rating for lumbosacral strain with degenerative arthritis is being remanded due to procedural error.

The Board denied service connection for a back disorder, left knee disorder, right knee disorder, head injury, and neck pain as the evidence did not support a nexus between these conditions and service.,An initial compensable rating for bilateral hearing loss was also denied.

The Board has found that new and relevant evidence has been received to warrant readjudication of the claims for service connection for left knee, left foot, right foot, and low back disabilities. These issues are being remanded due to missing records from Reserve/ National Guard service.

The Board has denied the Veteran's claims for service connection for low back condition, radiculopathy of the left and right lower extremities, and right shoulder condition. The evidence does not support a finding that these conditions began during or are otherwise related to military service.

The appeal for service connection for a low back condition is dismissed as the claim has been fully granted.,The right knee condition will be reconsidered due to new and relevant evidence having been received since the last denial in October 2013.,The bunions claim will not be reconsidered as no new and relevant evidence was received since the last denial in October 2013.,Service connection for cervical strain is denied.

The Board has found procedural errors and remanded the case due to inadequate medical opinions and missing post-service treatment records. The Veteran's low back disability is being reviewed again for proper service connection.

The Board has determined that there was a pre-decisional duty-to-assist error due to the insufficient opinion regarding whether the Veteran's back disorder is caused or aggravated by her service-connected bilateral hip strain. The case is being remanded for an addendum opinion.

The Veteran's lumbar spine DDD rating is restored to 40 percent effective September 3, 2021. A TDIU and PTSD/bipolar disorder ratings are denied. The Veteran also receives eligibility for Dependents' Educational Assistance.

The Board has denied service connection for a bilateral knee disability and remanded the claim of service connection for lumbosacral strain due to insufficient evidence.

The Board has decided to remand the Veteran's claim for service connection of lumbosacral strain due to duty-to-assist errors and inadequate nexus opinion.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU. The lower back disability remains remanded for further examination.

The Veteran's service connection for sleep apnea, migraines, tinnitus, lumbosacral strain, left knee strain, and posttraumatic stress disorder has been granted with an effective date of October 14, 2019.,An initial rating of 70 percent for posttraumatic stress disorder is also granted.

The Veteran's bilateral hearing loss is rated as noncompensable throughout the appeal period.,Service connection for neck disorder, right shoulder disorder and low back disorder are all denied.

The Veteran's lumbar spine disability is currently rated at 20 percent, effective from August 6, 2019.,Right lower extremity radiculopathy is currently rated at 20 percent.

The Veteran's claims for increased ratings and earlier effective dates were denied. The cervical spine disability was rated at 30 percent, the left upper extremity radiculopathy at 20 percent, the lumbar spine disability with IVDS at 20 percent, and the right lower extremity radiculopathy from June 3, 2022, at 20 percent. The Veteran's TDIU and DEA benefits were granted earlier.

The Board has remanded the Veteran's claims for service connection for neck, right hip, and low back disabilities due to a duty to assist error. The Veteran must undergo VA examinations to determine if her current conditions are related to her active duty service or any service-connected disabilities.

The Veteran's TDIU was granted effective January 27, 2021. The Board found that the Veteran met the schedular criteria for a TDIU and his last day of full-time employment was November 19, 2020.

The Veteran's claim for an earlier effective date for the award of a TDIU is being remanded due to the need for extraschedular consideration.,The Veteran's claim for an earlier effective date for the award of Dependents' Educational Assistance (DEA) pursuant to 38 U.S.C. Chapter 35 is also being remanded.

The Board has remanded the claims of entitlement to service connection for a back disability, right shoulder disability, left shoulder disability, and chronic sinusitis due to duty-to-assist errors. The Veteran's hemorrhoids claim is denied.

The Veteran's claim for TDIU and DEA benefits prior to December 7, 2020 is denied as there was no formal or informal claim received prior to that date. The effective dates for the TDIU and DEA benefits are both set at December 7, 2020.