Back / lumbar spine Board decisions

The Veteran's claims for increased ratings in May 2023 were denied, and thus attorney fees are not granted from these decisions.

The Veteran's radiculopathy, sciatic (right lower) is granted with a rating of 20 percent.,The Veteran's lumbar spine degenerative arthritis and PTSD are both remanded for further development.,Service connection for posttraumatic stress disorder is also remanded.

The Veteran's service-connected disabilities, including asthma, cervical spine degenerative joint disease, bilateral knee degenerative joint disease, left ear hearing loss, and lumbar spine degenerative arthritis, prevented him from obtaining and maintaining substantially gainful employment consistent with his educational and vocational experience. The Board granted TDIU effective September 25, 2018.

The Board has decided to remand the Veteran's claim for a thoracolumbar spine disability due to errors in obtaining relevant medical records and providing an adequate nexus opinion. The Veteran will be asked to provide private records of care, and a new examination will be scheduled.

The Board has determined that the March 26, 2019 Notice of Disagreement was timely filed and serves to initiate an appeal with respect to the July 2017 rating decision denying service connection for various conditions.

The Veteran is seeking an effective date earlier than May 15, 2014 for her service-connected low back disability.,The Board finds that the presumption of regularity has been rebutted and grants an effective date of May 15, 2014.

The appeal for entitlement to service connection for right hip limitation of flexion is dismissed.,Service connection for a left ankle disability as secondary to the service-connected left tibia-fibula fracture is denied.,Service connection for a left foot disability as secondary to the service-connected left tibia-fibula fracture is denied.,The appeal for entitlement to service connection for low back disability, as secondary to the service-connected left tibia-fibula fracture is remanded.,The appeal for entitlement to service connection for left hip disability, as secondary to the service-connected left tibia-fibula fracture is remanded.

The Veteran's low back disability is currently rated at 20 percent, but the evidence does not support a higher rating.,The Veteran's testicular torsion is currently rated at noncompensable (0%), and he is already receiving maximum schedular rating for this condition.

The Veteran's claims for service connection were denied due to the lack of a valid application filed prior to February 10, 2020.,The effective date for the grant of service connection is set at February 10, 2020.

The Veteran's service-connected lumbar spine and right knee disabilities prevent him from securing or maintaining substantially gainful employment, thus meeting the criteria for a TDIU.

The Veteran's back condition is currently rated at 20 percent, and the Board has decided to remand the case for a more comprehensive evaluation to determine if his disability warrants an increased rating.

The Veteran's claims for bilateral hearing loss, back condition (claimed as tailbone injury), ear condition (claimed as eardrum injury/pain and severe ear infection right ear, otitis media), neck condition, back condition, left knee condition, and bilateral elbow injury are denied. The claim for bilateral foot fungus is granted.

The Board has determined that the Veteran's claims for service connection are remanded due to duty-to-assist errors and a need for additional medical examinations.

The Board has decided to remand the Veteran's claim for a thoracolumbar spine disability due to errors in obtaining relevant medical records and providing an adequate nexus opinion. The Veteran will be asked to provide private records of care, and a new examination will be scheduled.

The Board has remanded the claims of service connection for cervical spine disability, lumbar spine disability, acquired psychiatric disability (including PTSD), and tension headaches due to insufficient evidence or inadequate examination opinions. The Veteran's claim for loss of teeth for compensation purposes remains denied.

The Veteran's migraine headaches are currently rated at 50 percent, the maximum schedular rating under Diagnostic Code 8100. The Board finds that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a higher rating.,The Veteran's lumbar spine disability has been reduced to 40 percent from 40 percent and then to 10 percent, with no further increase possible under Diagnostic Code 5239. The Board finds that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a higher rating.

The Veteran's disability rating for her back disability was restored to 40 percent due to a reduction without proper procedures, and the decision is granted.

The Veteran withdrew his appeals, stating he is now 100% PCT effective November 29, 2022.

The Veteran's claims for increased ratings were denied as his lumbosacral strain, lower extremity radiculopathy, and scars did not meet the criteria for higher ratings under VA rating criteria.

The Veteran withdrew his appeal for service connection for degenerative disc disease other than intervertebral disc syndrome, degenerative arthritis, kyphoscoliosis, and multilevel degenerative disease thoracic spine.