Back / lumbar spine Board decisions

The Board remands the claims for a higher disability rating for lumbosacral strain and sciatic radiculopathy of the left lower extremity due to a pre-decisional duty to assist error.

The Board granted service connection for a right knee disability, diagnosed as right knee osteoarthritis, but remanded claims for a back disability and an acquired psychiatric disability.

The Board granted service connection for an acquired psychiatric disorder, to include anxiety and depression, and a chronic back disorder, both for the purposes of accrued benefits only.

The Board remands the claims for service connection for an acquired psychiatric disorder and a lumbar spine disability to the AOJ for further development.

The Board granted service connection for lumbosacral strain and left lower extremity radiculopathy, but remanded the claims for other lumbar spine disabilities, sinus disability, left knee disability, bilateral foot disability, left shoulder disability, and a compensable evaluation for a left arm wrist burn.

The Board denied increased ratings for the Veteran's knee and hip disabilities, granted a 20% rating for right knee semilunar cartilage condition and left knee semilunar cartilage condition, and denied service connection for hypertension and type II diabetes mellitus.

The Board granted a 40 percent rating for the Veteran's thoracolumbar spine disability from July 30, 2001, to April 7, 2006; denied a rating in excess of 60 percent for the same condition from April 7, 2006, to February 25, 2008; granted a 60 percent rating from February 25, 2008; and granted a 20 percent rating for erectile dysfunction and urinary dysfunction.

The Board granted service connection for lumbar degenerative arthritis with spinal stenosis, cervical degenerative arthritis with spinal stenosis, peripheral neuropathy of the right and left lower extremities as secondary to the lumbar condition, but denied a left leg disability other than neuropathy. Parkinson's disease was remanded.

The Veteran's claim for an increased rating for IVDS with degenerative arthritis and lumbar strain was granted, resulting in a 40 percent rating before June 17, 2020, and a 50 percent rating from that date.

The Board remands the case for additional medical opinions to ensure compliance with prior remand directives and due to recent caselaw changes.

The Board remands the claims for further development, including obtaining additional medical opinions and records to ensure a complete record is available for appellate review.

The Board denied a disability rating in excess of 70 percent for PTSD prior to February 26, 2020, and denied increased ratings for bilateral hearing loss, low back disability, radiculopathy of the left lower extremity, right knee disability, and left knee disability. The Board granted a separate evaluation of 20 percent for radiculopathy of the right lower extremity from February 14, 2020, and separate evaluations of 10 percent for instability and limitation of extension in both knees starting on specific dates.

The Board remands the issues of whether there was clear and unmistakable error (CUE) in prior rating decisions that denied service connection for various conditions, as an SOC has not yet been issued.

The Board granted an effective date of March 31, 2016, for the award of TDIU based on a finding that the Veteran detrimentally relied on misleading VA communications.

The Board denied an initial rating in excess of 10 percent for lumbosacral strain as the Veteran's back disability did not meet the criteria for a higher rating.

The Board granted service connection for vertigo as secondary to the Veteran's service-connected tinnitus and dismissed the appeal for sleep apnea. The claims for a cervical spine disability and bilateral radiculopathy were remanded.

The Board denied an earlier effective date for the grant of service connection for left wrist scar and a compensable rating, but remanded claims for increased rating for left wrist tendon repair and service connection for low back strain.

The Board denied service connection for PTSD, right shoulder disability, right knee disability, degenerative changes of the thoracolumbar spine, degenerative changes of the cervical spine, right upper extremity radiculopathy, bilateral hearing loss, and tinnitus as there was no evidence to support a current diagnosis or a link to active service.

The Board dismissed the appeals for service connection for sleep apnea, a migraine headache disorder, and bilateral tinea pedis as they were not proper appeals under the Appeals Management Act appellate system.

The appeal for an increased rating for a low back condition was denied, while the claims for service connection for bilateral knee, cervical spine, bilateral shoulder, and bilateral wrist conditions were remanded.