Back / lumbar spine Board decisions

The Veteran's electric wheelchair, prescribed for his service-connected spinal condition, is found to cause wear and tear on his clothing. The Board grants an annual clothing allowance for the year 2021.

The Veteran's appeal of TDIU and DEA under 38 U.S.C. chapter 35 prior to June 25, 2007 is remanded due to procedural errors in the AOJ's decision.

The Veteran's claims for service connection for a back disability and right knee disability are remanded due to insufficient medical evidence on file. An examination is needed to determine the nature and etiology of these disabilities, including whether they are related to service or secondary to other service-connected conditions.

The Veteran's increased rating claim for his service-connected lumbosacral strain is remanded due to the need for a VA examination to assess the current severity of his disability.

The Board denied service connection for the Veteran's neck disability, finding that it is not related to his service or secondary to his service-connected right hip disability.

The Veteran's service-connected disabilities, including depressive disorder, chronic low back strain with invertebral disc syndrome, left lower extremity radiculopathy, right lower extremity radiculopathy, tinnitus, and left ear hearing loss, have rendered him unable to secure or follow a substantially gainful occupation since January 11, 2013.

The Veteran's claims for an increased rating for his lower back disability and TDIU have been remanded due to the need for additional development, including a VA examination during flare-ups of symptoms.

The Board has remanded the claims for a rating in excess of 20 percent for degenerative arthritis of the spine, radiculopathy of the right and left lower extremities. The VA will review the additional evidence provided by the Veteran.

The Veteran's initial claim for a higher rating for his back disability was denied, and he is currently rated at 10 percent. The Board found that the evidence did not support an increase in rating beyond this level during the period from July 1, 2013 through September 6, 2018. For the period since September 7, 2018, the criteria for a higher rating were also not met.

The Veteran's left ear hearing loss is granted as service-connected. The right ear hearing loss and low back disorder/cervical spine disorder claims are remanded for further evaluation.

The Veteran's service-connected degenerative arthritis of the lumbar spine with IVDS is granted an increased disability rating of 40 percent from March 11, 2014 to February 3, 2020. For the entire appeal period, a higher disability rating than 40 percent for this condition is denied.

The Board has granted the reopening of service connection for a back disability and has also granted presumptive service connection for lumbar spine degenerative disc disease and arthritis. The Veteran's continuous symptoms since service have been considered, as well as his in-service injury.

The Board has granted service connection for cervical spine degenerative disc disease, thoracolumbar spine degenerative disc disease, and peripheral neuropathy of the right lower extremity. Service connection was denied for peripheral neuropathy of the left lower extremity, obstructive sleep apnea, and chronic obstructive pulmonary disease.,The Board found that the evidence is at least in equipoise regarding these conditions, thus granting service connection based on the benefit of doubt.

Service connection for allergic rhinitis is granted.,An effective date prior to October 6, 2015 for the grant of service connection for right lower extremity radiculopathy and lumbar spine arthritis with lumbar spondylolisthesis (lumbar spine disability) is denied.,An effective date of March 28, 2008, and no earlier, for the grant of service connection for posttraumatic stress disorder (PTSD) is granted.,The Veteran's PTSD evaluation remains at 50 percent, with a remand to consider an increased rating.,The Veteran's lumbar spine disability remains at 10 percent, with a remand to consider an increased rating.,The Veteran's RLE radiculopathy remains at 20 percent, with a remand to consider an increased rating.,TDIU is granted based on service-connected disabilities.

The Board has remanded the case due to non-compliance with previous directives and for further development of the Veteran's cervical and thoracolumbar strain disabilities, including addressing his July 2012 lay statement regarding pain radiating down into his legs.

The Veteran's appeal for a higher rating for his lumbosacral spine disability was denied. The Veteran is eligible for financial assistance in purchasing an automobile with adaptive equipment due to the need for aid and attendance of another person, but further evidence is needed to substantiate this claim. The Veteran's need for SMC based on the regular need for the aid and attendance of another person remains pending.

The Board has remanded the claims for service connection for bilateral wrist carpal tunnel syndrome, an acquired psychiatric disability, sleep apnea, and a lumbar spine disability due to insufficient evidence.

The Board has remanded the case due to inadequate medical opinions and failure to consider all theories of entitlement, including continuity of symptomatology.

The Veteran's claims for increased ratings for low back strain with degenerative disc and joint disease, and left ankle strain with DJD were denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has remanded the cases for additional development to determine if the Veteran's back and neck disabilities are related to service, excluding any involvement of the motor vehicle accident on July 2, 2004.