Back / lumbar spine Board decisions

The Veteran's claim for service connection for a stressor related disorder (claimed as a mental condition) secondary to his service-connected lumbar spine disorder is dismissed due to the grant of service connection for depressive disorder in a previous decision.

The Veteran's service-connected degenerative joint disease of lumbar spine with L5-S1 spondylosis is currently rated at 40 percent, effective from January 26, 2022. The appeal for increased ratings prior to this date and for other conditions remains pending.

The Veteran's hypertension, lumbar spine disability, and GERD are all granted on a secondary basis to his service-connected conditions. The hypertension is rated at 30 percent prior to January 29, 2021, and the GERD is rated at 60 percent from that date.

The Board has granted service connection for the Veteran's degenerative arthritis and degenerative disc disease of the lumbar spine with spinal fusion, finding that his pre-existing Scheuermann's disease was aggravated by service. The decision also remanded the issue of service connection for a right knee disability.

The Veteran's claim for a higher rating for chronic low back strain prior to January 19, 2010 was denied. However, the Board granted a 40 percent disability rating effective from January 19, 2010.

The Veteran's service connection claim for a neck condition and increased rating claim for degenerative disease of the thoracolumbar spine were both denied. The Board found no evidence to support that his current conditions are related to his military service or other service-connected disabilities.

The Veteran's back pain, claimed as lumbar strain and secondary to her service-connected osteoporosis from hysterectomy, is granted.

The Board has remanded the Veteran's claims for service connection for right knee, left knee, and back disabilities due to the Veteran's failure or refusal to report for scheduled VA examinations. The matter is being returned to the AOJ for further action.

The Veteran's appeal is remanded for additional VA examinations to assess the severity of his service-connected lumbar spine, right hip, and right knee disabilities. The claims will be readjudicated after these examinations.

The Veteran's appeal has been dismissed as she withdrew her request for an increased rating for a lumbar spine disability.

The Board has remanded the claims for hypertension, allergic rhinitis, neck disorder, left shoulder disorder, left elbow disorder, low back disorder, left hip disorder, left knee disorder, and left ankle disorder due to a lack of post-service treatment records. The Veteran is requested to submit or authorize VA to obtain any relevant medical records.

The Board denied service connection for the Veteran's low back disability, right and left lower extremity radiculopathy, and right and left knee disabilities due to a lack of evidence showing their onset during or within one year after service, as well as no causal relationship to service.

The Board has remanded the claims of service connection for a back disability and left knee disability due to insufficient reasons and bases in the prior VA medical opinions, specifically regarding the Veteran's lay statements about his in-service injuries.

The Board has remanded the claims for increased rating and entitlement to TDIU due to deficiencies in the VA examination provided. The Veteran needs to provide updated treatment records, undergo a VA examination, and have their service-connected conditions evaluated.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment, as he has maintained and is capable of maintaining such employment throughout the appeal period.

The Board has found that there has not been substantial compliance with the previous remand directives for both hypertension and low back injury issues, and thus these cases are being returned to the RO for further development.

The Veteran's PTSD was granted a 100% rating for the period prior to April 12, 2017. The issue of TDIU for the period prior to February 12, 2016 is dismissed as moot due to his concurrent TDIU award based on PTSD. SMC under 38 U.S.C. § 1114(s) was denied for the period prior to July 27, 2016.

The Board has decided to remand the case due to incomplete examination reports and further development is required.

The Board has granted service connection for a lumbar spine disorder and found that the Veteran's current condition is etiologically related to his active service. The case was remanded for further action on a TDIU claim.

The Veteran's claim for restoration of a 40 percent rating for degenerative disc disease of the thoracolumbar spine is granted, while his claim for a higher rating remains denied.