Back / lumbar spine Board decisions

The Board has found that a remand is necessary due to the need for proper range of motion testing and additional development. The Veteran's claim for an increased rating for her lumbar spine disability remains pending.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims for increased ratings for lumbar myositis and service connection for a psychiatric disorder. The case is being remanded to obtain relevant records, schedule an appropriate examination, and provide a medical opinion.

The Veteran's PTSD, intervertebral disc disease, lumbar facet arthropathy, degenerative disc disease of the lumbar spine, and migraine headaches are all granted. A 70% disability rating is assigned for PTSD prior to May 20, 2021.

The Board has remanded the Veteran's claims for service connection due to a lack of adequate medical opinions and potential need for additional evidence. The claims are now pending with the RO for further development.

The Veteran's claims for increased ratings and service connection were denied, with effective dates set at August 9, 2016.

The Veteran's claim for an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine is being remanded due to inadequate examination reports regarding flare-ups and functional loss.

An effective date of May 17, 2012, but not before, for the assignment of a 30 percent disability rating for tension headaches is granted.,An effective date of June 14, 2012, but not before, for the original assignment of a 20 percent disability rating for cervical strain with degenerative disc disease (DDD) is granted.,An effective date of June 14, 2012, but not before, for the original assignment of a 20 percent disability rating for lumbar DDD is granted.,An effective date of June 14, 2012, but not before, for the original assignment of a TDIU is granted.

The Board denied the Veteran's claim for service connection of a back condition, finding that there was no evidence linking his current disability to his military service.

The Veteran's TDIU claim is remanded due to an inadequate VA examination that did not consider the impact of her service-connected back and right hip disabilities on her employment.

The Veteran's claim for a rating of 40 percent for lumbosacral strain and his claims for service connection for unspecified anxiety disorder and major depressive disorder are both granted. The Veteran is also remanded for further development regarding the claim for service connection for migraine headaches.

The Veteran's service-connected somatic pain disorder is rated at 70% and the Board has determined that his disability renders him unemployable due to physical limitations, thus granting a TDIU.

The Board has remanded the claim of service connection for a lumbosacral strain (claimed as low back disability) due to insufficient evidence in the VA examination report.

The Veteran's claim for an increased rating for his low back disability was dismissed. His earlier effective date claim based on CUE in a June 2008 decision was granted, with the effective date set at October 18, 2007. The issues of service connection for right elbow and right knee disabilities were remanded.

The Veteran's service-connected disabilities, including other trauma and stressor related disorder, lumbar intervertebral disc syndrome, degenerative disc disease, degenerative arthritis, lumbosacral strain, right lower extremity radiculopathy, left lower extremity radiculopathy, tinnitus, bilateral pes planus, bilateral hearing loss, dermatitis of the neck, and erectile dysfunction, have rendered him unable to secure or follow substantially gainful employment since September 17, 2016. The Veteran's combined service-connected rating was 80 percent at that time. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is established as of September 17, 2016.

The Board has remanded the Veteran's claims for service connection for flat feet, low back disability, and right knee disability due to new evidence received. The claims are being reviewed based on continuity of symptomatology since service.

The Board has dismissed the Veteran's claims for an initial rating in excess of 40 percent for service-connected lumbosacral strain with degenerative arthritis of the spine and for a total disability rating based on individual unemployability (TDIU) for the period prior to November 9, 2018. The Veteran withdrew his appeals.

The Veteran's effective date for the increased rating of 40 percent assigned to his back disability and for the separate evaluations assigned to his bilateral lower extremity radiculopathy is set at November 16, 2017.

The Veteran withdrew his appeal regarding service connection for a back disability and chest pain, resulting in the dismissal of these claims.

The Board has granted a higher rating for the veteran's service-connected low back disability and awarded him Total Disability Rating Based on Individual Unemployability (TDIU) effective October 20, 2020. The appellant is eligible to receive attorney fees from past-due benefits based on this decision.

The Board has granted service connection for the Veteran's lumbar spine, right ankle, and left ankle disabilities as they are conditions that onset during his active service.