Back / lumbar spine Board decisions

The Veteran's appeal of the denial for sleep apnea was dismissed. The back disorder claim is remanded.

The Veteran's claim for a higher rating for his lumbar spine DJD is denied. He currently receives a 40 percent disability rating, effective November 7, 2023.,The Veteran's sciatic radiculopathy of the left and right lower extremities are each rated at 40 percent disabling, effective November 7, 2023.

The Veteran's claim for a higher rating for his lumbosacral strain and degenerative arthritis of the lumbar spine prior to December 17, 2019 is being remanded due to missing private medical records from his March 2016 lumbar microdiscectomy.

The Board has granted the appeal and found that the attorney is eligible for direct payment of attorney fees based on past-due benefits awarded in a May 2020 rating decision that granted service connection for lumbar spine disabilities, bilateral lower extremity radiculopathy, and a total disability rating based on individual unemployability (TDIU). The appeal was not about service connection at all.

The Veteran's appeals for increased ratings, service connection, and TDIU have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he is deceased.

The Veteran's service-connected right and left hip disabilities, along with his lumbar spine disability, prevent him from obtaining or maintaining substantially gainful employment. The Board granted a TDIU based on the severity of these conditions.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure and maintain substantially gainful employment, warranting a TDIU.

The appellant withdrew their appeal for service connection claims related to left lower extremity radiculopathy and intervertebral disk syndrome with degenerative arthritis of the lumbar spine.

The Board dismissed the appeal due to the Veteran's death during the pendency of the appeal.

The Veteran's lumbosacral spondylosis, degenerative disc disease, and degenerative arthritis are granted service connection. The Veteran's erectile dysfunction is also granted as secondary to his lumbar spine condition.

The Board has granted service connection for a lumbar spine disability, finding that the evidence is at least evenly balanced as to whether the Veteran's lumbar spine disability had onset in active duty service. The decision concludes that the reasonable doubt created by this relative equipoise in the evidence must be resolved in favor of the Veteran.

The Board has granted service connection for the Veteran's lumbosacral strain, degenerative arthritis of the spine, intervertebral disc syndrome, cervical strain, and spondylolisthesis. These conditions are related to his military service.

The Veteran's appeal for an increased rating for a thoracolumbar spine disorder is dismissed. The appeals for increased ratings for right shoulder, right lower extremity radiculopathy of the sciatic nerve (right), and left lower extremity radiculopathy of the sciatic nerve are denied. A 10% rating is granted for an appendectomy scar.

The Veteran's service-connected disabilities do not render him unable to obtain and sustain substantially gainful employment, as he has reported working as an independent insurance agent.

The appeal has been dismissed due to the Veteran's death. The issues of service connection for a back disability, COPD, and TDIU are not currently before the Board.

The Board has granted service connection for right and left lower extremity lumbar radiculopathy as secondary to the Veteran's service-connected lumbar strain. The Veteran is also entitled to a temporary total evaluation due to treatment of his service-connected conditions.

The Board dismissed the appeal concerning three issues of service connection for cervical spine condition, pain and numbness in the bilateral shoulders, and lumbar spine condition due to the appellant's withdrawal.

The Veteran's service-connected disorders, including lumbar spine DJD and bilateral knee DJD, have rendered him unable to secure or follow a substantially gainful occupation since May 12, 2006. Effective dates for TDIU and DEA are granted as of that date.

The Veteran's claims for increased ratings for gastroesophageal reflux disease (GERD) with chronic constipation and cervical spine degenerative disc disease were denied. The GERD condition is currently rated at 10 percent, while the cervical spine disability is rated at 10 percent.

The Board has remanded the case due to insufficient medical opinion regarding the nature, onset, and etiology of the Veteran's lumbosacral strain disability. The VA must obtain a new medical opinion on this issue.