Back / lumbar spine Board decisions

The Veteran's back brace caused wear and tear on his clothing, but he does not have a service-connected elbow disability or skin condition requiring the use of topical steroid cream. The Board has granted an annual clothing allowance for the back brace in 2020.

The Board has remanded the Veteran's claims for service connection and increased rating of right hip disabilities due to a pre-decisional duty-to-assist error. The Veteran is required to be scheduled for VA examinations to address her back disability and right hip disabilities, including assessing the severity of her symptoms during flare-ups and with repeated use over time, as well as considering the effects of medication.

The veteran withdrew their appeals for chronic low back pain and right knee pain, leading to the dismissal of these cases.

The appeal for an initial rating in excess of 70 percent for PTSD is dismissed. The Veteran's claim for a TDIU from May 1, 2017 is granted.

The Veteran's claims for cervical spine DDD, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and anterior neck scar service connection were denied. The effective dates for these awards are fixed in accordance with the facts found.

The Board has decided to remand the cases of lumbosacral strain and right knee injury/condition due to inadequate medical opinions in the original decision. The Veteran's claims will be reviewed again with a new VA examination.

The Veteran's appeal for an effective date earlier than December 1, 2020 for the addition of his dependent child D.D. to his compensation award was denied as there is no evidence of an earlier application submitted within one year of notification.

The Board has decided to remand the claims of service connection for left knee and low back injuries due to duty-to-assist errors. The Veteran's treatment records from a VA medical center in Delaware are missing, and an addendum opinion is needed regarding his low back injury.

The Board has determined that remand is necessary to obtain new VA examinations and a retrospective opinion for the Veteran's lumbar spine disability and right hip disability. The issues of rating higher for these conditions are being remanded.

The Veteran's lumbar spondylosis was previously rated at 40 percent, but the reduction to 20 percent in March 2016 was improper. The Board has restored the 40 percent rating for lumbar spondylosis effective January 25, 2016. However, the Veteran's claim for a non-initial rating in excess of 40 percent for lumbar spondylosis is denied.

The Board has determined that the Veteran's timely filing of a VA Form 9, Appeal to the Board, in January 2021 was not properly considered due to an error by the AOJ in not mailing the March 2020 SOC to the Veteran's representative. As a result, the appeal is granted and the case will proceed with issuance of an SSOC.

The Board has determined that the Veteran's low back disability and seizure disorder cannot be service connected due to lack of evidence linking these conditions to his military service. The case is being remanded for further examination and opinion regarding potential Gulf War exposure as a possible cause.

The Board has granted an effective date of April 10, 2018 for the award of a 40 percent rating for the Veteran's lumbar spine disorder and denied a higher rating.

The Veteran's low back disability is granted service connection, tinnitus claim is denied, and the psychiatric disorder claim is remanded for further evaluation.

The Board has determined that the Veteran's hypertension did not manifest during service or within one year of separation, and is not shown to be causally related to an in-service event. Service connection for hypertension is denied.,The Board found a pre-decisional duty to assist error regarding the low back disability, as the October 2018 VA examiner's opinion did not address the effect of service-connected pneumonia on the Veteran's asthma. The case is remanded for further examination and opinion.,Regarding the respiratory disorder, the Board noted that there was a pre-decisional duty to assist error in the December 2018 VA examiner's opinion, which did not address the role of service-connected pneumonia in the manifestation of the Veteran's asthma. The case is also remanded for further examination and opinion.

The Veteran's right lower extremity radiculopathy is currently rated at 40 percent disabling, effective May 19, 2021. The appeal for a higher rating remains pending.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and he is granted entitlement to a TDIU. The increased ratings for lumbosacral strain and right knee tendonitis are denied.

The Board has granted the Veteran's petition to readjudicate her service connection claim for a chronic lumbar spine condition, finding that new and relevant evidence supports reopening of the claim. The Board also found that the Veteran's back injury during basic training is related to her current condition.

The Veteran's service-connected back, neck, left shoulder, right knee, and left knee disabilities have been granted increased ratings from August 16, 2018. The highest rating of 40 percent has been granted for thoracolumbar strain with degenerative disc disease.

The Veteran's appeal for a rating reduction from 40 percent to 10 percent for lumbosacral strain was dismissed due to the filing of the Notice of Disagreement being premature and the proposed reduction not going into effect.