Back / lumbar spine Board decisions

The Veteran's appeals for earlier effective dates for service connection and SMC were dismissed as they did not meet the procedural requirements under the modernized review system (AMA).

The Veteran's service-connected lumbar spondylolysis is found to be the primary cause of his obstructive sleep apnea, and he is granted service connection for OSA as secondary to this condition. The effective date remains April 28, 2000.

The Veteran's service-connected disabilities, including PTSD, lumbar strain with degenerative joint disease, hiatal hernia, migraines and migraine variants, right knee chondromalacia and medial meniscus tear, and rheumatoid arthritis (presumed due to Agent Orange exposure), prevent him from securing and maintaining substantially gainful employment. The Board has granted the Veteran's claim for total disability rating based on individual unemployability.

The Veteran's service-connected disabilities, including headaches, traumatic brain injury, low back condition, right knee and hand conditions, and neck condition since February 28, 2008, have rendered him unemployable from December 18, 2007 to July 23, 2008. His basic eligibility for Dependents' Educational Assistance (DEA) was granted on the same dates.

The appeal of the right ankle tendinopathy was dismissed as the Veteran withdrew his appeal.,An effective date of October 22, 2011, for the 40 percent evaluation of lumbar spondylosis with intervertebral disc syndrome (IVDS) is granted.

The Board has granted service connection for the Veteran's low back disability, finding that there is at least an even balance of evidence to support the claim and resolving reasonable doubt in favor of the Veteran.

The Board denied the Veteran's claim for service connection for a back condition, finding no medical nexus between his current condition and his military service.

The Board has dismissed all claims of service connection for various ankle and knee conditions, as well as a shoulder strain post rotator cuff tear and lumbosacral strain. The Veteran requested withdrawal of the appeal in October 2023.

The Board has remanded the issue of entitlement to an effective date earlier than February 28, 2023 for the grant of Total Disability Rating Based on Individual Unemployability (TDIU). The Veteran contends he is unemployable due to his service-connected conditions and submitted a private psychological assessment indicating he would be precluded from gainful employment without excessive accommodations.

The Veteran's service-connected disabilities, including panic disorder with agoraphobia, lumbosacral strain, and paroxysmal atrial fibrillation, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's lumbar spine degenerative arthritis is granted a rating of 40 percent effective February 28, 2020. Ratings for right and left lower extremity sciatic radiculopathy and femoral radiculopathy are denied.

The Board has determined that new and relevant evidence has been submitted to reconsider the claim of service connection for a back disorder. The case is being remanded to obtain additional medical opinions regarding whether the Veteran's degenerative changes of the spine are related to service or aggravated by her service-connected plantar fasciitis.

The Board has remanded the case due to a pre-decisional duty to assist error, as no VA examination was conducted regarding the nature and etiology of the Veteran's low back condition.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and assessments.

The Veteran's low back disability, currently rated at 10 percent disabling from November 4, 2014, has been found to not meet the criteria for a higher rating due to limited range of motion and no associated neurological abnormalities.

The Veteran's service-connected lumbar spine disability and associated radiculopathy alone rendered him unable to secure and follow a substantially gainful occupation, qualifying for TDIU. Additionally, the Veteran is entitled to SMC based on housebound status due to multiple separate disabilities rated at 60 percent or more.

The Veteran's claim for service connection for a lumbar spine disability was denied in December 2017, and the appeal is dismissed as the Veteran did not timely file an appeal.

The Board has determined that a VA examination is needed to determine if the Veteran's back and left ankle disabilities are caused or aggravated by her service-connected knee/shin disabilities. The Veteran's lay assertions will be considered in this decision.

The Board has remanded all of the Veteran's claims due to inadequate VA examinations and new evidence received since the last decision.

The Veteran's back brace tends to wear and tear his clothing, warranting a clothing allowance for the year 2020.