Back / lumbar spine Board decisions

The Board has identified pre-decisional duty to assist errors in the claims for scar, left finger; joint problems, low back pain; and onychomycosis left toe. The Veteran's service treatment records show a cut to his left finger in July 1998 which was treated with sutures. The VA examinations related to these issues were not conducted due to the Veteran's no-shows.

The Veteran has withdrawn her appeals for increased ratings for low back disability and radiculopathy of the left, right lower extremities. The Board dismissed these claims.

The Veteran's service-connected disabilities, in combination, rendered him unable to secure and follow a substantially gainful occupation as of August 10, 2019. As such, the Board has granted a TDIU effective from that date.

The Board has granted service connection for the Veteran's thoracolumbar spine disability, finding that the evidence is in equipoise as to whether it is related to his in-service lumbar strain. The claim was reopened due to new and relevant evidence.

The Board has remanded several issues related to the Veteran's skin disability, back pain, and sciatic nerve radiculopathy. The main reasons are for obtaining updated medical records from VA community care programs and clarifying whether the Veteran's skin condition meets criteria for disfigurement.

The Board has remanded the claims for service connection due to a duty to assist error. The Veteran's conditions will be examined and evaluated again.

The Veteran's spouse, C., was added as a dependent to his VA disability compensation award effective April 11, 2014, based on the March 2020 rating decision that awarded him a lumbar spine disability.

The Board denied the Veteran's requests for earlier effective dates for service connection of lumbar spine degenerative arthritis, cervical spine degenerative arthritis with intervertebral disc syndrome, and associated radiculopathies. The effective dates were set at April 20, 2010, for the back conditions and April 28, 2010, for the neck conditions.

The Board has found the VA examination to be inadequate for adjudication purposes and has remanded both issues for further development, including a new VA examination.

The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant SSA records and failing to provide a VA examination. The claims will be reconsidered with these additional pieces of evidence.

The Board denied the Veteran's claim for service connection of a back disability, finding no evidence that his current condition is related to service or any incident therein.

For the entire period under appeal, a rating in excess of 20 percent but no higher than 40 percent for lumbosacral strain is granted. From June 22, 2019, to November 3, 2020, an initial rating in excess of 10 percent for cervical strain is denied and from November 3, 2020 onwards a 30 percent rating but no more is granted.

The Veteran's low and middle back condition, diagnosed as degenerative disc disease at L5 to S1, is granted an initial rating of 40 percent from March 31, 2009, to November 18, 2020. The claim for a higher rating since then remains denied.

The Veteran's claims for service connection and increased disability ratings are being remanded due to the failure of the Veteran to attend scheduled VA examinations. Additional development is needed, including obtaining updated medical records and scheduling new VA examinations.

The Board has determined that the Veteran's representative did not receive a timely copy of the March 2020 Statement of the Case (SOC) concerning the earlier effective date claims for various conditions. The appeals are being remanded to issue a SOC on these issues.

The Veteran's claim for increased ratings for acne vulgaris has been withdrawn. The Board granted service connection for a back disability, but remanded the claims for increased ratings of callosities of the left and right feet.

The Board has determined that additional medical opinions are needed to properly adjudicate the Veteran's claims for increased ratings and a TDIU. The issues have been remanded.

The Board has remanded the case for further development due to incomplete compliance with prior remand directives.

The Veteran's claims for increased ratings for his service-connected conditions are being remanded due to the need for additional development and consideration.

The Veteran's lumbar degenerative disc disease is rated at 40 percent, granting an initial disability rating. Service connection for bilateral hearing loss and tinnitus are also granted.