Back / lumbar spine Board decisions

The Veteran's claim for a higher rating for his low back disability is remanded due to the need for an adequate medical examination.

The Veteran's appeal is being remanded for further development regarding his lumbar spine disability and bladder disorder. The issues of a higher rating for the lumbar spine disability and service connection for the bladder disorder are being addressed.

The Board has granted service connection for degenerative arthritis and intervertebral disc syndrome affecting the Veteran's back and neck, finding that these conditions are at least as likely as not related to his active-duty service.

The Veteran's low back disability is granted a 40% rating from November 14, 2020 to March 31, 2023. Ratings for the disability in excess of 10 percent prior to November 14, 2020 and from March 31, 2023 are denied.

The Board has remanded the claims for service connection for a low back disability and bilateral foot disabilities due to inadequate opinions in the September 2020 VA examination report. The diabetes claim is denied as there is no evidence of its onset during or within one year after service.

The Board denied the Veteran's claims for service connection for a back condition and an initial rating for cubital tunnel syndrome of the right upper extremity, finding that there was no evidence to support these claims.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board has granted a total disability based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims for service connection for bilateral elbow, back, bilateral hip, and headache disabilities due to a pre-decisional duty to assist error. The VA examiner is required to provide an opinion on the etiology of these conditions.

The claims for service connection for left and right shoulder disabilities, left and right hand disabilities, neck disability, right ring finger disability, and throat disability have been dismissed.,New evidence has been received to warrant readjudication of the claims for service connection for low back disability, left leg disability, right leg disability, erectile dysfunction, left knee disability, and right knee disability.

The Board has determined that the Veteran's low back disability is related to his service and grants service connection for this condition.

The Board denied service connection for lumbar degenerative disc disease and a left elbow disability, finding that the evidence did not support a link to active-duty service.,Both conditions were determined to be unrelated to service.

The Veteran's initial claim for a rating of 10 percent for lumbar degenerative disc/joint disease was granted, but the appeal to revise this decision on the basis of clear and unmistakable error (CUE) was denied.

The Board has granted a 20 percent evaluation for right ankle tenosynovitis. The issue of service connection for lumbosacral strain is remanded due to a duty-to-assist error.

The Veteran's effective date for a 40 percent disability rating for degenerative arthritis of the lumbar spine with intervertebral disc syndrome (IVDS) is set to January 7, 2016. The effective date for left lower extremity neuropathy was also set to this date.,An earlier effective date for left lower extremity radiculopathy is not granted.

The Board has granted service connection for the Veteran's lumbar spine, right knee, left knee, right foot, and left foot disabilities as they are related to his military service.,Service connection was denied for the Veteran's right eye and left eye disabilities due to a lack of evidence showing that these conditions were incurred in or aggravated by service.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that he satisfies both economic and non-economic components of a TDIU from November 9, 2017. However, the issue of entitlement to a TDIU on an extraschedular basis prior to November 9, 2017 is remanded.

The Veteran's appeal for increased SMC under 38 U.S.C. § 1114(p) and higher rate of SMC based on the need for a higher level of aid and attendance under 38 U.S.C. § 1114(r)(2) is denied due to lack of eligibility for compensation at the maximum rate or intermediate rate authorized.

The Veteran's thoracic spondylosis is granted service connection. The cervical spine disorder, left and right upper extremity nerve conditions are remanded for further development.

The Board has remanded the Veteran's claims of service connection for low back and neck disabilities due to a lack of VA examinations addressing these conditions. The Veteran is also requested to provide any additional evidence that may support his claims.

The Veteran's back disability is granted as service-connected, and a rating of at least 40 percent for right lower extremity radiculopathy from April 21, 2020 is granted. The Veteran's PTSD claim remains pending due to the need for additional examination.