Back / lumbar spine Board decisions

The Veteran's claim for earlier effective dates and initial ratings for migraine headaches, back disability, and left knee arthritis was denied.,An initial rating of 50 percent for migraine headaches is granted.

The Veteran's appeals for service connection for left ear hearing loss and an initial compensable rating for right ear hearing loss have been dismissed.,The Veteran's appeal for service connection for diabetes has been granted, with the benefit of doubt being conferred in his favor.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's back condition and its relation to his military service. A VA examination is required.

The Board has granted eligibility for attorney fees in the amount of 20% of past-due benefits awarded in a December 2022 rating decision, as the appellant provided representation after notice of the initial August 2020 rating decision and the AOJ found clear and unmistakable error (CUE) in previous decisions.

The Veteran's claims for service connection for a respiratory condition, back condition, nose condition, and residuals of an excision of an osteochondroma right ilium are denied as the evidence does not support current diagnoses or a causal relationship to service.

The Board has granted service connection for the Veteran's back and neck disabilities, finding that they are related to his active duty service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not preclude him from securing and following substantially gainful employment.

The Board has granted effective dates of March 1, 2011 for service connection of degenerative disc disease of the cervical and lumbar spines.

The Board has decided to remand the Veteran's claim for service connection due to a pre-decisional error in not obtaining an adequate VA medical opinion prior to the October 2019 rating decision on appeal. The Veteran is required to provide additional evidence and clarification of his claims.

The Veteran's lumbar strain, PTSD, and TBI prior to the specified dates were denied as not meeting the criteria for higher ratings. The Veteran was granted a 40% rating for his lumbar strain from March 16, 2018 onwards.

The Veteran's back disability is rated at 40 percent from April 7, 2014, to October 31, 2014, and in excess of 20 percent thereafter. The rating for bladder incontinence remains at 40 percent after January 8, 2020.

The Board has decided to remand the case due to incomplete evidence, particularly missing service treatment records from the Veteran's first period of active duty and medical records related to his deployment in New Orleans following Hurricane Katrina. The Veteran is seeking service connection for a lumbar spine disability that he claims began during training at Hurlburt Field in October 2006.

The Veteran's claim for an increased rating for his service-connected lumbar disability is being remanded due to the need for a new VA examination at the Miami VAMC to assess the severity of his condition, including any functional limitations caused by pain and flare-ups.

The Board has granted the Veteran's claim for service connection for cervical spine degenerative disc disease, finding that there is at least a balance of evidence to support the claim and resolving doubt in favor of the Veteran.

The Veteran's service-connected disabilities do not meet the criteria for eligibility for specially adapted housing or a special home adaptation grant due to her inability to use assistive devices as a normal mode of locomotion.

The Veteran's service-connected disabilities, including back, lower extremities, shoulder, ankle, wrist, and knee conditions, have caused him to be in need of regular aid and attendance. The Board has granted SMC based on the need for aid and attendance.

The Board has remanded the Veteran's claims of service connection for left knee, low back, right foot, and left foot disabilities due to insufficient evidence regarding their onset during service or a causal relationship to service.

The Veteran's claims for urinary problems, bowel impairment, and degenerative disc disease have been dismissed as the RO has granted service connection for these conditions in full.

The Veteran's lumbar spine disability is rated at 20 percent since August 15, 2020. The effective date for service connection of left lower extremity radiculopathy has been granted as June 10, 2019. Right lower extremity radiculopathy was not shown until the August 15, 2019 VA examination.,The Veteran's lumbar spine disability is rated at 40 percent prior to August 15, 2020 and denied for a higher rating since then.

The Veteran's lumbar spine disability is currently rated as 40 percent disabling, but the Board finds no evidence of ankylosis or incapacitating episodes meeting criteria for a higher rating. The scar associated with the lumbar spine disability does not meet the criteria for a compensable rating.,The Veteran seeks service connection for right and left knee disabilities, which are currently not in dispute. However, VA treatment records related to these conditions have not been obtained. The Board must therefore remand to obtain these records.,Radiculopathy of the lower extremities is rated at 20 percent each, with no evidence of higher ratings. Separate ratings for other disabilities associated with the knee are also not warranted.