Back / lumbar spine Board decisions

The Board has remanded the claims for TDIU and DEA benefits due to service-connected disabilities, as there is a duty-to-assist error regarding a private vocational opinion submitted in February 2014. The Veteran's entitlement to an extra-schedular TDIU prior to March 1, 2011, will be referred to the Director of Compensation for consideration.

The Veteran's appeal for a higher disability rating for lumbosacral strain is being remanded due to an inadequate examination report from the previous VA examination, which did not consider all of his symptomology and functional limitations.

The Veteran's rating for lumbosacral strain status post thoracic degenerative disc disease with bulging discs and intervertebral disc disease was reduced from 20 percent to 10 percent, effective September 26, 2018. The appeal regarding this reduction is dismissed as the Veteran did not validly opt into the modernized review system (AMA).

The Veteran's death was not caused by a service-connected disability, and he did not meet the requirements for DIC under 38 U.S.C. § 1318 or service connection for cause of death.

The Board has dismissed the appeal for service connection of back disability due to it being decided prior to the implementation of the Appeals Modernization Act. The right leg neuropathy and acquired psychiatric disabilities (anxiety and major depression) are remanded for further review.

The Veteran's service-connected disabilities rendered him unemployable, and the Board granted his TDIU claim from March 22, 2014.

The Veteran's appeal was dismissed without prejudice as he did not reference a specific rating decision in his NODs and the issues were already part of a Legacy Appeal system.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected thoracolumbar spine disability, finding that the evidence supports a link between his back condition and his leg pain.

The Board has granted an effective date of May 20, 2014, for the award of service connection for lumbar spine disability as secondary to left knee chondromalacia patella.

The Veteran's claim for a higher evaluation for his lumbar spine degenerative disc disease was denied. The Board also found that the effective date of the grant of a 10 percent evaluation for this condition cannot be earlier than August 11, 2010. Additionally, the Veteran's claim for total disability based on individual unemployability was denied.

The Board has granted the Veteran's claim for service connection for a lower back condition, finding that new and relevant evidence supports this determination.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that his current condition is at least as likely as not related to service.

The appeal with respect to the issue of entitlement to service connection for an acquired psychiatric disability is dismissed.,Service connection for migraines is granted.

The Board has granted service connection for a low back disability and remanded the cases regarding earlier effective dates for OSA, asthma, and higher initial ratings for cervical radiculopathy with carpal tunnel syndrome.

The Board has decided to remand the claims of service connection for low back disability and right hand disability due to duty-to-assist errors. The Veteran's claims will be reconsidered with new medical opinions addressing whether his disabilities are related to service, including specific in-service complaints.

The Board has denied service connection for bilateral hearing loss and remanded the claims for back, left knee, and right knee disorders due to insufficient evidence.

The Veteran is granted a TDIU due to PTSD alone, effective June 28, 2020.,SMC at the housebound rate was granted as of July 28, 2020, based on his service-connected disabilities combined independently rating at 60 percent or more.,Prior to July 28, 2020, SMC was not warranted due to insufficiently rated service-connected disabilities.

The Board denied service connection for thoracolumbar spine condition, right lower extremity radiculopathy, left lower extremity radiculopathy, and left ankle condition.,Service connection was not granted as the evidence did not support a finding that these conditions began during active service or were related to an in-service injury or disease.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment prior to April 10, 2018. The Board has determined that an effective date earlier than April 10, 2018 is not warranted for the grant of a TDIU on a schedular basis and has remanded the case for referral to VA's Director of Compensation Service for extraschedular consideration.

The Board has dismissed the appeal due to the Veteran's death, and no service connection is granted for any of the claimed conditions.