Back / lumbar spine Board decisions

The Board denied effective dates prior to April 18, 2021 for the grants of service connection for various disabilities due to a lack of evidence showing an intent to file a claim before that date.

The Veteran's appeal for a higher disability evaluation for his lumbar spine disability was dismissed because the issue had already been adjudicated under the legacy system, and there is no case or controversy left to decide.

Your appeal for service connection for low back pain has been dismissed because you requested to withdraw your appeal.

The Veteran withdrew his appeals for restoration of a 60 percent rating for DDD of the lumbar spine and increased ratings for bilateral lower radiculopathy of the femoral and sciatic nerves.

The Board denied the Veteran's requests for earlier effective dates for TDIU and DEA benefits, finding that there was no indication in the record of unemployability due to service-connected disabilities prior to January 5, 2021.

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not caused by his military service.

The Board has granted service connection for low back strain. Service connection for high blood pressure is remanded due to inadequate examination.

The Veteran's appeal for service connection for irritable bowel syndrome and sleep apnea has been withdrawn.,Service connection for PTSD, right hip disability, left hip disability, low back disability, vertigo, and tinnitus is granted. Service connection for erectile dysfunction, gastroesophageal reflux disease (GERD), and hypertension is also granted under the PACT Act.

The Board has determined that additional development is needed to correct pre-decisional duty-to-assist errors and obtain the Appellant's National Guard service treatment records. The claims for bilateral hearing loss, right carpal tunnel syndrome, left knee disability, left carpal tunnel syndrome, low back disability, tinnitus, right shoulder disability, and right knee disability are remanded.

The Veteran's service-connected disabilities, including MDD and lumbar spondylosis, prevent him from securing or following a substantially gainful occupation since October 31, 2016. The Board finds that the criteria for TDIU are met on a schedular basis.

The Board denied service connection for a lumbar spine disorder and hypertension, finding no evidence of such conditions being related to military service or the Veteran's in-service injury. The Board also found that hypertension was not shown within one year after separation from active duty.

The Board has granted the Veteran's claim for SMC based on aid and attendance, but dismissed the claim for SMC based on housebound status due to the grant of SMC at the aid and attendance rate.

The Veteran's service-connected disabilities render him unable to care for his daily needs without requiring the regular aid and attendance of another person, leading to a grant of SMC based on the need for aid and attendance.

The Board has remanded the cases for further development and examination to address the severity of the service-connected conditions, including PTSD, left knee tendonitis and tendinosis, right knee strain, and lumbosacral strain.

The Veteran has withdrawn his appeals regarding earlier effective dates and higher disability ratings for various conditions, including left hip arthritis, peripheral vascular disease, degenerative arthritis with lumbosacral strain, right knee arthritis, and ankle strain. The Board dismissed the appeal due to the withdrawal.

The Veteran's service connection claims for left knee, right knee, and low back conditions have been granted.

The Board has remanded the Veteran's claims for lumbar spine disorder and left shoulder disorder due to insufficient evidence at the time of the July 2020 rating decision. The AOJ is required to obtain additional medical opinions addressing all theories of entitlement.

The Veteran's radiculopathy of the left lower sciatic nerve is not productive of moderately severe or severe incomplete paralysis, and thus he does not meet the criteria for an evaluation in excess of 20 percent.,Similarly, his radiculopathy of the left lower femoral nerve also does not meet the criteria for an evaluation in excess of 20 percent due to moderate incomplete paralysis.,The Veteran's lumbar spine disability is remanded for additional examination and analysis.

The Board has restored a 20 percent disability rating for the Veteran's service-connected degenerative arthritis with lumbar spine disability, effective June 13, 2023, as the reduction was improper due to lack of sustained material improvement under ordinary conditions of life and work.

The Board has remanded the claims for service connection for lumbosacral strain and left ankle sprain due to deficiencies in the medical opinions provided. The appellant is seeking service connection for these conditions, which are currently denied.