Back / lumbar spine Board decisions

The Veteran's death was caused by a probable accident resulting from combined drug toxicity. Service connection for the cause of death is granted, but accrued benefits and nonservice-connected death pension benefits are denied due to untimely filing.

The Veteran's service connection claims for various disabilities were granted, but an effective date earlier than January 13, 2017 is denied.

The Board has dismissed all service connection claims due to the Veteran's death.

The Board has remanded the case due to the need for a retrospective medical opinion regarding the Veteran's service-connected disabilities prior to January 23, 1998.

The appeal for an initial evaluation in excess of 10 percent for cervical spine degenerative disc disease prior to July 30, 2015 is denied. The appeal for an initial evaluation in excess of 20 percent for cervical spine degenerative disc disease since July 30, 2015 is also denied.

The Veteran's lumbar spine disability was granted a 40 percent rating, effective November 11, 2020. The TDIU for the period from April 11, 2012, to November 11, 2020, was also granted.

The claim for service connection of a back disability is reopened, and the case is remanded to obtain additional medical opinions.

The Veteran's claim for a higher rating for his spondylolysis, L4-L5, lumbar spine with degenerative disc disease and herniated nucleus pulposus L3-L4 was denied. The Veteran is currently rated at 20 percent prior to June 3, 2021, and the Board found that a higher rating is not warranted.

The Board dismissed the claim of service connection for a cervical spine condition as it was rendered moot by the August 2021 rating decision that granted this condition. The issue of service connection for a thoracolumbar spine condition is remanded to the RO.

The Board has denied the Veteran's claims for service connection for a left knee condition and a lower back condition, finding that there is no evidence to support these conditions began during active service.

The Veteran's service-connected lumbosacral strain with degenerative joint disease is currently rated at 20 percent, which is the maximum rating available under VA regulations. The Board finds that his condition does not warrant a higher rating as it has not resulted in ankylosis or other functional equivalent of ankylosis.

The Veteran's claims for increased ratings and TDIU were denied. The back disability was rated at 20 percent, the left lower extremity radiculopathy at 20 percent, and a TDIU was granted from November 15, 2016 to February 21, 2021.

The Veteran's lumbar strain, right ankle sprain, and right knee DJD have all been denied higher ratings.,Specifically, the Veteran's lumbar strain is rated at 20 percent prior to June 2, 2010, but not in excess of that. His right ankle sprain has a maximum rating of 20 percent as of June 2, 2010. His right knee DJD also has the maximum schedular rating.

The Board has remanded the Veteran's claims for further development, including obtaining additional VA treatment records and scheduling a new VA examination by an orthopedic specialist to assess his service-connected right knee condition. The TDIU and DEA benefits claims are also being remanded.

The Veteran meets the schedular percentage requirements for Total Disability Rating Based on Individual Unemployability (TDIU) due to his service-connected disabilities, which prevent him from securing and following substantially gainful employment.

The Veteran's appeals for service connection and increased ratings have been withdrawn, resulting in the dismissal of all claims.

The Veteran's claims for service connection for lumbar and cervical spine disabilities, as well as hyperlipidemia, were denied. The claim for a higher rating for bilateral hearing loss was also denied. An effective date earlier than May 10, 2018 for the grant of service connection for bilateral hearing loss is denied.

The Veteran's claim for an effective date prior to April 10, 2018, for the award of special monthly compensation (SMC) based on need for regular aid and attendance was denied. The Board found that the Veteran did not file a formal or informal claim for SMC before April 20, 2018, and that it was not factually ascertainable he needed regular aid and attendance within one year prior to his claim.

The Veteran's TDIU and DEA benefits were granted effective August 26, 2011.,Earlier effective dates for these benefits are not warranted.

The Board has remanded the Veteran's claims for service connection due to a duty to assist error, specifically failure to obtain and associate with the record certain medical records from his Reserve Component service, Social Security Administration disability benefits, and treatment records. The Veteran is also required to undergo VA examinations for psychiatric and hearing loss issues.