Back / lumbar spine Board decisions

The Veteran's lumbar spine degeneration was granted a 40 percent rating effective February 24, 2021. The other issues were remanded for further evaluation.

The Board has remanded the claims for increased ratings and earlier effective dates, as well as a claim for special home adaptation, due to pre-decisional duty to assist errors.

The Board denied the Veteran's petitions to readjudicate previously denied claims for service connection due to a lack of new and relevant evidence.

The Board restored the 20 percent rating for lumbar degenerative disc disease, finding that the reduction was improper. The other claims for increased ratings were denied.

The Board granted service connection for tinnitus, bilateral flat feet, and readjudicated the claims for a lower back condition, right leg numbness and pain, and left leg numbness and pain based on new and relevant evidence.

The Board denied service connection for hypertension as it is not related to the Veteran's Gulf War environmental exposures, did not manifest within one year of separation from service, and is not otherwise related to service.

The Board restored the 40 percent rating for degenerative disc disease of the lumbar spine and granted a 100 percent rating for persistent depressive disorder with psychotic features with TBI from December 20, 2017 to August 24, 2021.

The Board granted service connection for the Veteran's lower back condition, finding it to be etiologically related to parachute jumps in service.

The Board remands the claims for service connection for right knee, left knee, elbow, low back, and obstructive sleep apnea disabilities to correct duty-to-assist errors.

The Board granted restoration of a 10 percent disability rating for the Veteran's service-connected left ankle lateral collateral ligament strain, effective May 11, 2021, and granted increased ratings for persistent depressive disorder and migraine headaches.

The Board denied increased ratings for various service-connected conditions, with the exception of a 10 percent rating for right Achilles tendon rupture.

The Board granted an initial rating of 70 percent for a psychiatric disability, denied a higher rating for the low back disability as of August 2, 2023, and granted ratings in excess of 40 percent for left and right lower extremity sciatic nerve radiculopathy. The Veteran was also granted TDIU.

The Board granted service connection for GERD and increased ratings for degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy. The appeal for a compensable initial rating for COPD and scar of the left shoulder was withdrawn. Other appeals were denied.

The Board granted a separate rating of 30 percent for Parkinson's disease and an additional allowance of SMC at the rate provided under 38 U.S.C. § 1114(r)(1).

The Veteran was granted a 30 percent rating for migraine headaches effective October 16, 2023, and service connection for adjustment disorder. Other claims were denied.

The Board remands the claims for a thoracolumbar spine disability, headache disability, and right knee disability to include as due to a left knee disability for further development of the record.

The Board denied service connection for left and right knee disabilities, as well as lumbar spine and lower extremity radiculopathy, due to a lack of evidence showing current disability or a link to in-service injury.

The Veteran is granted special monthly compensation (SMC) at the (l) level based on his need for regular aid and attendance due to service-connected disabilities, including PTSD and chronic fatigue syndrome.

The Veteran's service-connected disabilities, including depressive disorder, lumbar spondylosis, and bilateral lower extremity radiculopathy, preclude him from securing or following substantially gainful employment.

The Board denied the Veteran's motion for a finding of clear and unmistakable error (CUE) in the January 2002 rating decision that denied service connection for a low back disability.