Back / lumbar spine Board decisions

The Veteran's appeal to reopen a claim of service connection for CFS was denied. The TDIU rating prior to January 6, 2017 is also denied.

The Board has remanded the case for further development, including obtaining updated VA and non-VA treatment records and arranging for an addendum VA medical opinion to determine the nature and likely cause of the Veteran’s abnormal spinal contour noted in the April 2009 x-ray and September 2016 and November 2019 VA examinations.

The Board has remanded the Veteran's claims for service connection for left shoulder and low back disorders due to incomplete development of records from Social Security Administration.

The Board has remanded the Veteran's claims for service connection for a low back disability and bilateral pes planus due to inadequate VA examinations, failure to consider the Veteran's lay statements regarding his in-service injuries, and lack of records from his hospitalization.

The Veteran's claims for left and right ankle degenerative arthritis, major depressive disorder with alcohol use disorder, and a back disability have been remanded due to the need for additional development.,A separate claim of entitlement to service connection for fibromyalgia has also been remanded.

The Veteran's claim for an earlier effective date for service connection of PTSD is granted. The claims for service connection for a temporal lobe disability, left inguinal pain (hernia), chronic fatigue syndrome, low back disability, right knee disability, neck disability, and sleep apnea are all denied.

The Board has decided to remand four issues related to the Veteran's service-connected conditions, including his depressive disorder and knee disabilities. The remand is due to incomplete records and a need for further examination.

The Veteran's claim for a higher initial rating on an extraschedular basis for his low back disability prior to May 23, 2011 was denied. The Veteran is in receipt of SMC based on need for aid and attendance due to loss of use of both feet.

The Veteran's appeal was dismissed due to their death, and no service connection decisions were made.

The Veteran's back disability was evaluated as 20 percent disabling prior to July 29, 2015 and 40 percent disabling starting from that date. The appeal is remanded for further development.,For the period starting July 29, 2015, the Veteran’s degenerative disc disease of the lumbar spine was characterized by forward flexion limited to 10 degrees but not ankylosis. A higher rating is denied as the criteria are not met.,The procedure to implant a pain pump did not require convalescence from August 2016 to October 2016, and thus the temporary total rating for convalescence is denied.

The Veteran's disability rating for his back condition was increased from 20 percent to 40 percent effective June 25, 2015.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or housebound status was denied as he did not meet the criteria under 38 U.S.C. § 1114(s).

The Veteran's claim of entitlement to a TDIU was part and parcel of his underlying claim of entitlement to increased ratings for his shoulder condition. The Board denied the TDIU as it appears that the Veteran was gainfully employed, although there is incomplete information regarding the precise dates of employment and whether such was gainful.

The Veteran's service-connected disabilities (low back injury and diabetes) did not prevent him from obtaining or maintaining substantially gainful employment prior to February 20, 2008.

The Board denied service connection for lumbar spine disability and obstructive sleep apnea, finding that the current conditions did not manifest during or within one year after service and were not otherwise related to service.

The Board denied the Veteran's appeal as the withholding of compensation benefits to recoup Special Separation Benefits (SSB) in the amount of $40,330.57 was proper.

The Board has granted service connection for left hip disability and low back disability, both found to be secondary to the Veteran's service-connected bilateral knee disabilities.,Both conditions are now considered service connected.

The Board has dismissed the appeals as the appellant died during the pendency of the appeal.

The appeal for an evaluation in excess of 20 percent for lumbar degenerative disc disease with degenerative arthritis is dismissed. The case is remanded for further review on service connection for a neurocognitive disorder, to include Alzheimer's disease.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that his current condition is related to his military service. The evidence shows he had chronic back pain since basic training and continued complaints of intermittent yet chronic back pain since service.