Back / lumbar spine Board decisions

The Veteran's claim for a higher rating for his low back disability is denied. The effective date of SMC and DEA benefits based on permanent and total disability status is granted.

The Veteran meets the schedular percentage requirements for a TDIU due to his service-connected disabilities, which prevent him from engaging in substantially gainful employment.

The Veteran's claim for a 30 percent rating effective August 19, 2024 for service-connected residuals for pseudofolliculitis barbae with scars (initially claimed as a dermatological disability at the face and bilateral hands) is granted.,The Veteran's claim for service connection for tinnitus is granted.

The Veteran's low back disability is granted as incurred in service.

The Board has granted service connection for a left knee disability and lumbar spine disability, finding that the Veteran's current conditions are causally related to his active duty. The right shoulder arthritis claim is still pending.

The Veteran's service-connected conditions leave her in need of regular aid and attendance, which is granted for special monthly compensation (SMC) based on the need for regular aid and attendance.

The Board has decided to remand the case due to a predecisional duty to assist error and requires an addendum opinion regarding the nature and etiology of the Veteran's low back condition.

The Board has determined that the reduction in disability rating for lumbar spine strain from 40% to 20% was improper and has granted a restoration of a 40% rating. The claim for an increased disability rating for PTSD remains pending.

The Veteran's erectile dysfunction is rated at 20 percent, the maximum under the old criteria. The lumbar spine DDD condition does not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims of entitlement to an earlier effective date for TDIU and SMC on the basis of housebound status due to inextricably intertwined issues, including his service-connected lumbar spine disability.

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the claims for service connection for an acquired psychiatric disorder and a lumbar spine disability. The claims are being remanded due to a duty-to-assist error in obtaining a medical opinion prior to the May 2021 rating decision.

The Board has remanded the case due to a duty to assist error and the need for further medical examination.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is granted, effective October 11, 2020. The TDIU award is based on the combined effects of her service-connected disabilities and their impact on her ability to maintain employment.

The Board has granted the Veteran's claim for service connection for his lower back injury (back condition), finding that it is at least as likely as not incurred in or caused by service, and resolving reasonable doubt in favor of the Veteran.

The Board has remanded the Veteran's claims for service connection for low back disability and obstructive sleep apnea due to inadequate opinions from VA examiners. The Veteran is seeking service connection for these conditions, which are related to his military service.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for bowel incontinence and residuals scarring associated with a colon biopsy are denied, as is his claim for service connection for chronic headaches. His claims for lumbosacral strain and hypertrophic cardiomyopathy are granted.

The Board has remanded the issues of increased disability ratings for cervical and lumbar spine disabilities due to insufficient evidence in the record. The Veteran's bilateral hearing loss disability is also being remanded.

The Veteran's initial and subsequent claims for increased ratings for his back condition, LLE radiculopathy, and RLE radiculopathy have been denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent from March 12, 2014, to October 28, 2019.

The Veteran's claim for service connection for diabetes mellitus type II, gastroesophageal reflux disease (GERD), obstructive sleep apnea, thoracolumbar spine disability, left hip disability, and right hip disability has been granted. The rating assigned is 10 percent for chronic allergic rhinitis effective October 9, 2023.

The Board has granted service connection for degenerative disc disease of the lumbar spine, bilateral lower extremity radiculopathy, left hip osteoarthritis, and right hip osteoarthritis as secondary to the Veteran's service-connected right knee condition.,Service connection has also been granted for liver condition (to include NASH), sleep apnea, and diabetes mellitus, type II, all secondary to his service-connected musculoskeletal disabilities.