Back / lumbar spine Board decisions

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for various conditions and claims of secondary service connection. The decision also notes that there are outstanding VA treatment records which need to be obtained.

The Board dismissed all the appeals as they are related to deceased Veteran's claims.

The Veteran's service-connected disabilities did not render him unemployable for the period prior to April 12, 2017. As of April 12, 2017, his combined rating was 100%, and he is in receipt of special monthly compensation at the housebound rate.

The Board denied the Veteran's claims of service connection for various conditions, including left hip disorder, right hip disorder, low back disorder, acquired psychiatric disorder, and erectile dysfunction. The decision found that pre-existing left hip disorder existed prior to service and did not worsen during service.

The Veteran's claims for increased ratings for right shoulder osteoarthritis and chronic lumbosacral strain with degenerative arthritis have been remanded due to the submission of additional VA examination and clinical documentation. The case will be returned to the Agency of Original Jurisdiction (AOJ) for consideration.

The Veteran's back disability is granted service connection. The effective dates for the increased ratings of PTSD, bilateral hearing loss, TDIU, and DEA benefits are denied.

The Board found that the Veteran's service-connected conditions do not reach the level of equipoise as to whether he requires aid and attendance or is permanently housebound, thus denying his claim for special monthly compensation based on need for aid and attendance and/or housebound status.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no credible evidence of ongoing low back symptoms in the years following service discharge and denying presumptive service connection due to lack of manifestation within one year after separation.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, leading the Board to grant his claim for Total Disability Rating Based on Individual Unemployability (TDIU).

The Board has remanded the cases for further development and to obtain VA medical opinions regarding the Veteran's claims for head injury residuals, lumbar spine disability, cervical spine disability, right shoulder disability, and bilateral knee disability.,Further examination is needed to determine if any of these conditions are related to service.

The Veteran's claim for increased ratings for degenerative changes of the lumbosacral spine and lower extremity radiculopathy was denied. The Veteran is currently receiving a 10% rating for each condition.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective March 1, 2006. The increased evaluation for sciatic radiculopathy of the right and left lower extremities was granted as well.

The Veteran's appeals seeking higher ratings for traumatic arthritis of the cervical spine, dorsal spine, back disability, and left ulnar nerve have been withdrawn. As a result, these issues are dismissed.

The Veteran's claim for a rating in excess of 60 percent for bronchial asthma with obstructive sleep apnea was denied, but service connection for lumbar disc disease was granted.

The Board has determined that the AOJ did not substantially comply with its November 2020 remand directives regarding obtaining service personnel records and private medical records. The Veteran's left ankle condition, lower back condition, and bilateral lower extremity radiculopathy claims are being remanded for further development.

The Board has determined that additional development is needed to obtain the Veteran's service treatment records and military personnel file, as well as any private medical records. The claims for service connection are being remanded.

The Board denied service connection for a lumbar spine disorder and the Veteran's claim for TDIU based on bilateral hearing loss and tinnitus due to lack of evidence linking these conditions to his military service.

The Veteran's service-connected disabilities prevent her from securing and following substantially gainful employment prior to May 29, 2020. She is also found unable to secure or maintain substantially gainful employment due to her service-connected conditions.

The Board dismissed the Veteran's claims for service connection of lumbar and cervical spine disorders due to a lack of jurisdiction, as the Veteran opted-in to the modernized review system under AMA.

The Veteran's claims for service connection for residuals of a traumatic brain injury, acquired psychiatric disorders (including PTSD and depression), and thoracolumbar spine disorder have been granted.,Service connection is also granted for hearing loss.