Back / lumbar spine Board decisions

The Board granted earlier effective dates for the assignment of ratings and service connection based on an intent to file a claim submitted by the Veteran prior to his formal claim.

The Board granted earlier effective dates for the Veteran's back disability and bilateral upper and lower extremity neuropathy, but denied increased ratings for his back disability and bilateral lower extremity radiculopathy.

The Board granted a 40 percent rating for chronic lumbar strain, restored the 10 percent rating for right knee patellofemoral syndrome effective February 11, 2023, and granted separate 10 percent ratings for instability of the right knee. The decision also granted a 70 percent rating for PTSD from June 8, 2021, and TDIU based on PTSD alone from August 21, 2021, along with SMC under 38 U.S.C. § 1114(s) based on housebound status from the same date.

The Board granted service connection for bilateral pes planus and denied service connection for vertigo, left foot hammer toes, right foot hammer toes, bilateral plantar fasciitis, a lower back condition, and incontinence.

The Board denied service connection for a right knee disability, as the evidence does not support that the Veteran's current condition is related to his active duty service.

The Board denied service connection for radiculopathy of the upper and lower extremities, but remanded claims for a neck disability, lower back disability, right shoulder disability, left ankle disability, and right ankle disability.

The Veteran's claim for an effective date prior to January 27, 2021, for the grant of a 40 percent disability rating for right upper extremity radiculopathy was granted.

The appeal for an evaluation in excess of 60 percent for gout and the issue of TDIU on or after December 3, 2020, were dismissed. The appellant was granted a total disability evaluation based on individual unemployability due to service-connected disabilities prior to December 3, 2020.

The Board granted service connection for lumbosacral strain with degenerative arthritis based on new and relevant evidence.

The Veteran's attorney withdrew the appeal of service connection for right and left hip, right and left knee, and back disabilities.

The appeals for ratings and effective dates associated with frostbite of the left and right feet, as well as lumbar spine degenerative joint disease, were dismissed. The issues related to knee limitations and TDIU are remanded.

The Board granted service connection for a right shoulder disability, cervical and lumbar spine disabilities, and secondary service connection for cervical and lumbar radiculopathies.

The Board denied the Veteran's claims for service connection for a back condition and nerve damage to hands, feet, and back due to clear and unmistakable error in the May 2007 rating decision.

The Board denied earlier effective dates for the awards of increased compensation and service connection, finding that it was not factually ascertainable that the Veteran's conditions had worsened to a degree warranting such increases prior to the specified dates.

The appeal was dismissed due to the Veteran's death during its pendency.

The Veteran's service-connected disabilities cause him to need regular aid and attendance, granting special monthly compensation.

The Board granted service connection for a left foot disability (other than callosities) and a right hip disability, as well as increased ratings for an acquired psychiatric disorder, bilateral foot disability prior to July 6, 2020, lumbar spine disability, right knee instability prior to October 2, 2019, and left knee instability. However, it denied increased ratings for the bilateral foot disability since July 26, 2020, right knee arthritis, left knee arthritis, and right knee instability since October 2, 2019.

The Board denied the Veteran's claim for an increased rating in excess of 40 percent for a lumbar spine disability, finding that the evidence did not support a higher rating at any point during the appeal period.

The Board denied the veteran's claims for increased ratings and granted special monthly compensation (SMC) at the housebound rate effective September 30, 2003.

The Veteran's service-connected disabilities, including lumbar spondylotic changes and degenerative disc disease, right hip trochanteric bursitis with enthesopathic changes at the pelvis and femoral trochanters, mild osteoarthritic changes of the right knee, left knee mild osteoarthritic changes, and bilateral hearing loss, have rendered him unable to secure or maintain substantially gainful employment from February 8, 2014.