Back / lumbar spine Board decisions

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU.

The Veteran's appeals for increased ratings and a separate rating for his service-connected conditions have been dismissed due to procedural issues.,The Veteran's appeal for an earlier effective date for Dependents' Educational Assistance (DEA) benefits has also been dismissed.

The Veteran's claim for service connection for disc herniation at L4-5, status post laminotomy, foraminotomy, and discectomy, lumbar spine is being remanded due to the need for clarification on which low back condition was considered for service connection and a new medical opinion regarding whether the condition is related to his service-connected bilateral knee conditions.

The Veteran's claim for service connection for a low back disorder is granted, and the appeal is remanded to determine if TDIU should be granted. The Veteran previously had his claim denied in March 1988 but has now submitted new evidence that raises a reasonable possibility of substantiating his claim.

The Board has remanded the Veteran's claims for service connection for a lower back condition and a left leg condition due to insufficient development of his National Guard service records, including ACDUTRA and INACDUTRA. The Veteran is also required to undergo VA examinations to determine the nature and etiology of these conditions.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for lumbar degenerative disc disease and strain, as well as service connection for a left knee disability. The evidence does not support a higher evaluation under the applicable criteria.

The Board has remanded the Veteran's claims for additional development due to incomplete records and potential exposure verification issues.

The Board has granted service connection for lumbosacral strain and cervical strain, finding that the Veteran's current conditions are related to his active service. The claim of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

The Veteran's right and left ankle disabilities are granted as service connected. The lumbar spine disability is remanded for further review.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy render him so helpless as to need regular aid and attendance, warranting special monthly compensation (SMC) based on the need for regular aid and attendance.

The Veteran's lumbar spine disability is currently rated at 20 percent, which is the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The claims for higher ratings for right lower extremity radiculopathy and left lower extremity radiculopathy are also denied.

The Board has granted service connection for a low back condition, finding that the Veteran's lay reports support the persistence of symptoms since service.

The Veteran's hypertension is not service-connected and does not warrant a compensable rating.,His right and left lower extremity radiculopathies are not secondary to his low back disability, as he is not currently service-connected for the condition.,His anxiety disorder is also not secondary to his low back disability or associated radiculopathy.,The Veteran's low back disability (claimed as stenosis) and PTSD claims are being remanded due to duty-to-assist errors.

The Board has restored the Veteran's service-connected back disability rating from 20% to 40%, effective July 1, 2019.

The Board has remanded the Veteran's claims of service connection for cervical and thoracolumbar spine conditions, as well as a right ankle condition. The claims are being remanded due to deficiencies in the prior VA examinations and lack of adequate medical evidence.

The Board has determined that the AOJ's decision on appeal is flawed due to a lack of adequate examination and opinion addressing all theories of entitlement, including possible secondary service connection for lumbar spondylolysis with intervertebral disc syndrome. The case is therefore remanded for further action.

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

The Board has decided to remand the case due to insufficient medical opinions and additional development is needed.

The Veteran's PTSD was rated as 100% disabling starting May 20, 2021 and considered permanent. However, her other service-connected conditions did not meet the criteria for a permanent and total disability prior to that date, thus denying an earlier effective date for DEA benefits.

The Board has restored the 30 percent rating for right shoulder degenerative arthritis and denied the restoration of the 40 percent rating for lumbosacral strain with arthritis effective March 23, 2021.