Back / lumbar spine Board decisions

The Veteran's compensation benefits were withheld for 26 training days in FY 2019. The AOJ needs to clarify the number of training days performed by the Veteran and verify all paid and unpaid ACDUTRA or INACDUTRA dates served during that year.

The Veteran's reduction in rating for thoracolumbar spine scoliosis from 20 percent to 10 percent was not proper, and the 20 percent rating is restored.,The Veteran's claim for increased ratings for right lower extremity radiculopathy, right knee osteoarthritis, and bilateral plantar fasciitis remains pending.

The Veteran's service-connected disabilities, including major depressive disorder and degenerative disc disease of the lumbar spine with radiculopathy, prevent him from securing or following substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Board has remanded the Veteran's claims for service connection for recurrent cervical, lumbar, and right shoulder disabilities due to a lack of adequate VA examinations. The claims will be reviewed with new evidence.

The Veteran's appeals for higher ratings on his cervical spine disability and PTSD, as well as a TDIU prior to August 15, 2019, were dismissed because the AMA docketing was improper. The exact issues have already been adjudicated by the Board under the legacy system.

The Veteran's appeals for service connection on five separate conditions (diabetes mellitus, type II; low back disability; right knee disability; left knee disability; and sleep apnea) have been dismissed due to the Veteran's withdrawal of his appeal.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD and depression was granted in full. The Board dismissed the issue as moot due to the grant of benefits.

The Veteran's appeal for service connection and increased rating was dismissed because the NOD did not identify a specific decision with which he disagreed.

The Board has found errors in the duty to assist and remands for further development, including obtaining service treatment records and VA examinations.

The Veteran's service-connected disabilities, including left knee disability, right knee disability, low back disability, and bilateral upper/lower extremity residuals of cold injury, have rendered him in need of regular aid and attendance due to his limited mobility and balance issues. The Board granted entitlement to special monthly compensation (SMC) based on the need for regular aid and assistance.

The Veteran's lumbosacral strain evaluation was restored to 20 percent, effective January 10, 2019. An increased evaluation of 70 percent for unspecified depressive disorder and a 10 percent evaluation for hypertension were granted.

The Board has denied service connection for sinusitis and remanded the claims of left foot pes planus, right foot pes planus, and back disability as secondary to bilateral pes planus due to inadequate medical opinions in the February 2020 VA examination.

The Veteran's left knee instability rating was improperly reduced from 10% to noncompensable effective July 1, 2020. The initial rating for degenerative disc disease of the lumbar spine remains at 20%. A remand is required to schedule a VA examination for the back disability.

The Veteran's claims for higher ratings for his service-connected low back and bilateral shoulder disabilities, as well as the extension of a temporary total disability rating due to convalescence following surgery on his lumbar spine, are being remanded due to failure to substantially comply with previous Board instructions.

The Veteran's claim for service connection for sleep apnea is granted as secondary to his service-connected depressive disorder and other conditions. His claim for an increased rating for depressive disorder is also granted, but the claim for migraine headaches and lumbar spine condition remains pending.

The Veteran's claim for service connection and rating of left lower extremity radiculopathy, as well as his SMC based on housebound criteria, were granted effective March 14, 2014. The Veteran is now rated at 10% for this condition.

The Board has granted the Veteran's claim for service connection for his back disability, finding that there is an equal balance of credible evidence in favor of the Veteran's claim and granting the benefit of the doubt to him.

The Veteran withdrew his appeals, satisfied with his 100 percent disability rating.

The Board has determined that the Veteran's back disorder, including back pain and degenerative arthritis, likely existed during his active duty service. As a result, the claim for service connection is granted.

The Board dismissed the Veteran's appeals for service connection on multiple conditions due to untimely filing of VA Form 10182.