Back / lumbar spine Board decisions

The veteran's service connection claim for a lumbar spine disability was granted because the injury occurred during active duty training with the Kentucky Army National Guard.

The Board denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to September 8, 2021, because the evidence did not show that his service-connected disabilities made him unemployable.

The appeal for service connection of a lower back disability was dismissed because the veteran withdrew it.

The appeal for service connection of a lumbar spine disability has been remanded. The Board will reconsider the evidence and obtain additional medical opinions.

The veteran's claims for a higher rating for migraines and lumbar spine degenerative arthritis were denied. The claims for service connection for depression, alcohol use disorder, chest pain, shortness of breath, and bilateral hearing loss were remanded.

The Veteran's lumbar spine disability is service-connected as secondary to their posttraumatic arthritis of the right ankle.

The veteran's 40 percent rating for lumbosacral strain was restored effective May 24, 2022. The effective date prior to March 15, 2022 for service connection of radiculopathy in both lower extremities was denied.

The veteran's appeal for direct payment of agent fees was granted, but the issue of whether the amount of fees awarded is reasonable was remanded.

The Board denied a higher disability rating for the Veteran's lumbar spine disability, finding insufficient evidence to support an evaluation in excess of 10 percent.

The Veteran's appeal for TDIU prior to November 30, 2016 was denied as the evidence did not show that he was unable to secure or follow a substantially gainful occupation due to service-connected disabilities.

The Board granted service connection for a lower back disability and a left knee disability, but dismissed the claims for bronchial asthma and bilateral hearing loss.

The Veteran's low back disability has not been manifested by unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine, and there have not been incapacitating episodes of intervertebral disc syndrome (IVDS) requiring bed rest prescribed by a physician and treatment by a physician having a total duration of at least six weeks during the 12-month period. As such, the Veteran's claim for a disability rating in excess of 40 percent for his low back disability has been denied.

The Board has granted service connection for asthma, GERD, residuals of total left knee replacement, residuals of bilateral hip replacement, and low back DISH syndrome. The Veteran's reports regarding the onset and development of these conditions during or shortly after his military service are considered credible.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance, as her service-connected conditions do not significantly impact her ability to perform functions of self-care.

The Board remands the issues of increased ratings for left knee strain and lumbar spine disability, as well as TDIU, due to a lack of compliance with previous remand instructions.

The Board denied the veteran's claims for increased ratings for his left foot and lumbar spine disabilities, finding that the evidence did not support a higher rating based on the current severity of these conditions.

The Veteran's TDIU claim was denied as his service-connected disabilities did not render him incapable of maintaining substantially gainful employment.

The Veteran's low back disability was granted a 20 percent rating from May 8, 2012 to January 26, 2018 due to painful limitation of motion and guarding resulting in abnormal gait and spinal contour.

The Board denied a disability rating in excess of 20 percent for the Veteran's back disability, characterized as degenerative joint and disc disease of the lumbosacral spine.

The Board remands the claims for service connection for various disabilities, including a right shoulder disability, right ankle disability, left ankle disability, low back disability, and obstructive sleep apnea, to obtain additional medical opinions addressing aggravation as distinct from causation.