Back / lumbar spine Board decisions

The Board has granted service connection for the Veteran's low back disability, finding that it is related to his military service.

The Board has remanded the Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine due to a failure to obtain VA treatment records that were scanned into VistA Imaging.

The appeal for service connection of a low back disability is dismissed due to the Veteran's death.

The Board dismissed the appeal for service connection of a back disability due to the appellant's withdrawal before a decision was made.

The appeal for service connection of various disabilities, including a left ankle disability and low back disability, is dismissed as moot due to the full grant of these claims in March 2021. The remaining issues were denied.

The Veteran's claims for service connection for various conditions have been dismissed due to the untimely filing of VA Forms 10182, despite the Veteran claiming a pandemic-related excuse. The Board found no good cause for the delay and thus dismissed the appeal.

The Veteran's lumbosacral strain and tinnitus have been granted service connection.,The Veteran's bilateral foot disability and acquired psychiatric disability are remanded for further evaluation.

The Board has found a pre-decisional duty to assist error and remands the case for a retrospective medical opinion to determine the severity of the Veteran's spine disability beginning October 9, 2019.

The Veteran's appeal seeking earlier effective dates for ratings of left and right femoral radiculopathy is dismissed.,The Veteran's appeal seeking earlier effective dates for ratings of lumbar spine degenerative arthritis with IVDS, left lower extremity radiculopathy (sciatic), and right lower extremity radiculopathy (sciatic) is dismissed.,The Veteran's appeal seeking earlier effective dates for ratings of cervical spine degenerative arthritis with IVDS and right upper extremity radiculopathy is dismissed.,The Veteran's appeal seeking earlier effective dates for ratings of left upper extremity radiculopathy is dismissed.

The Veteran's claims for service connection have been remanded due to various pre-decisional duty-to-assist errors, including inadequate medical opinions and examinations.

The Veteran's claims for service connection are remanded due to the need for additional examinations and opinions regarding the onset and relationship of his claimed conditions to service.

The Veteran's neck disability is currently rated at 20 percent, and the Board has remanded his claim for a higher rating. His left wrist condition remains pending.

The Veteran's claims for higher ratings for lumbosacral strain with degenerative arthritis and left lower extremity radiculopathy are denied. The current evaluations of 20 percent and 10 percent, respectively, are found to be appropriate based on the evidence.

The Board has remanded the claims of service connection for mitral valve prolapse, lumbar degenerative disc disease, and left foot hallux valgus and arthritis due to inadequate medical opinions regarding causation.

The Veteran's claim for an earlier effective date and a higher rating for his service-connected lumbosacral strain with thoracolumbar scoliosis and left lower extremity radiculopathy was denied. The Board found that the Veteran did not have a pending claim prior to filing in 2018, and thus no earlier effective date is warranted. For the period from October 26, 2020, his rating for left lower extremity radiculopathy was granted at 30 percent.

The Veteran's service connection for right lower extremity radiculopathy is granted. The claims for increased ratings and earlier effective dates for left lower extremity radiculopathy, as well as the TDIU claim are remanded.

The Veteran's service-connected disabilities, including bilateral lower extremity radiculopathy, degenerative joint disease of the lumbar spine, hypertension, and heart conditions, render him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to total disability rating based on individual unemployability (TDIU).

The Veteran is granted an earlier effective date of December 25, 2003 for TDIU and basic eligibility for DEA benefits since that date.

The Veteran's claim for an initial disability rating in excess of 40 percent for a back disability is being remanded due to the need for a VA examination that complies with Correia v. McDonald (28 Vet. App. 158, 2016).

The Board has decided to remand the case due to a need for a new VA examination and additional medical records.