Back / lumbar spine Board decisions

The Board denied the Veteran's claims for severance of service connection for chronic lumbar strain and service connection for a right ankle disability, finding that there was no clear and unmistakable error in granting service connection for chronic lumbar strain. The Board also found that the right ankle disability is not related to the claimed service-connected condition.

The Board has determined that new and relevant evidence has been submitted for the claims of service connection for bilateral hearing loss, tinnitus, right shoulder disability, right bicep tendon adhesion, and back disability. These claims are being remanded to allow for further development.

The Board has decided to remand the case due to a duty to assist error in the initial decision. The Veteran's claim for service connection for lumbosacral strain is being reviewed again.

The Veteran's thoracolumbar strain is currently rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that a higher rating is not warranted based on the evidence provided.

An effective date of October 12, 2021, but no earlier, has been granted for a 40 percent evaluation for lumbar spine degenerative arthritis, degenerative disc disease, and spinal stenosis. The Veteran's claim for TDIU was also granted on this same effective date.

The Veteran's claim for an earlier effective date than November 1, 2013 for additional dependency benefits for his spouse was denied as he did not provide all necessary information to establish his entitlement within one year of the April 2012 rating decision.

The Veteran's claim for non-service-connected pension benefits did not include a request for service connection for an acquired psychiatric disorder. The effective date of the award of service connection for delusional disorder is October 17, 2018.

The Board has decided to remand the case due to a duty to assist error, specifically regarding an inadequate VA medical opinion on the Veteran's back disability.

The Veteran's lumbosacral strain and bilateral lower extremity lumbar radiculopathy have been granted service connection, with the latter being secondary to his primary back disability.,An initial 50 percent rating for tension headaches has been granted, reflecting very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has remanded the case for further development and consideration, including obtaining additional medical evidence to determine if service connection can be granted for the Veteran's claimed cervical strain condition.

The Board has granted service connection for the Veteran's degenerative joint disease of the lumbar spine, finding that it is related to his service-connected cervical spine condition and the same underlying arthritic process.

The Veteran's tension headaches are currently rated at 50% and his degenerative disc disease of the lumbar spine is rated at 40%. His combined disability rating is 70%, qualifying him for a TDIU.,The Board has granted an extraschedular rating for tension headaches, finding that the established schedular criteria adequately describe the severity of the Veteran's symptoms. The Veteran meets the schedular requirement for a TDIU due to his service-connected disabilities.

The Veteran's claims for increased ratings are remanded due to the use of outdated examinations and outstanding VA treatment records. The RO must obtain updated examinations and consider new evidence.

The Veteran's unauthorized medical expenses for emergency transportation due to a car accident are granted, as all criteria for reimbursement under VA regulations were met.

The Board dismissed the appeals for reducing the evaluations of various service-connected conditions, including PTSD and back disability. The Veteran did not allege any specific error in these decisions.

The Board has granted an effective date of November 17, 2017, for the grants of service connection for PTSD, a cervical spine disability, and a lumbar spine disability. The decision is based on the receipt of a formal claim within one year of the intent to file.

The Board has remanded the case due to pre-decisional duty to assist errors, including failing to provide a VA examination for service connection of the Veteran's acquired psychiatric disorder.

The Board has dismissed the appeal for service connection on all issues due to an error in docketing under the Appeals Modernization Act (AMA) system.

The Board has decided to remand the claims for further evaluation due to a lack of adequate examination and duty to assist errors.

The Veteran's appeals were dismissed because his request to reinstate the withdrawn claims was untimely.