Back / lumbar spine Board decisions

The Veteran's claim for a higher rating for his back disability with IVDS is denied, and the matter of TDIU is remanded.

The Board has remanded the Veteran's claims of increased ratings for cervical and lumbar spine disabilities due to inadequate development in prior VA examinations.

The Board has determined that the Veteran's lumbar spine disorder is related to his active military service and grants service connection for this condition.

The Board has remanded the case for a new VA examination and opinion to determine if the Veteran's back disability is caused or aggravated by service or a service-connected disability, including his bilateral knee disabilities. The issue of secondary service connection remains on appeal.

The Board has determined that additional development is needed to determine the etiology of any back disabilities found or shown in the record during the pendency of the claim, including whether they are related to active service. The case is being remanded for further examination and opinion.

The Board has remanded the claims for increased ratings due to a pre-decisional duty to assist error related to the September 2022 and October 2022 VA examinations on the back and bilateral hips. The Veteran's disabilities include a back disability, lower extremity radiculopathy (bilateral), right hip disability, and left hip disability.

The Board has denied the Veteran's claims for service connection for left hip disability, right hip disability, cervical spine disability, and lumbar spine disability. The evidence does not support a finding that these conditions are related to her military service.,A reduction in the rating for migraine headaches from 10 percent to noncompensable was upheld as supported by recent medical examination.

The Veteran's appeals for increased ratings for his right knee and lumbar spine disabilities have been denied. The Board found that the evidence did not support a higher rating based on limitation of motion or other criteria.

The Board denied the Veteran's request for an earlier effective date for his total disability rating based on individual unemployability (TDIU) prior to August 20, 2021. The TDIU was granted as of August 20, 2021, and the Board found that the Veteran had been unable to secure and maintain gainful employment due to his service-connected disabilities since November 2020.

The Veteran's claims for increased ratings for low back disorder and radiculopathy of the lower extremities are remanded due to conflicting range of motion findings and inconsistent diagnoses.

The Board has granted an effective date of December 13, 2013 for the award of service connection for right lower extremity radiculopathy. The Veteran's low back disorder is still under appeal and requires further review to determine appropriate ratings and effective dates.

The Veteran's claim for service connection for spinal stenosis, scoliosis, thoracolumbar spine with lumbar disc protrusion was granted with an effective date of August 31, 2021.

The Board has dismissed the Veteran's appeals for service connection on multiple knee and ankle conditions due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's diabetes mellitus, left knee condition, and right knee condition are not shown to be caused or aggravated by his service-connected bilateral heel spurs. Service connection for these conditions is denied.

The appeal of the March 2022 administrative decision is dismissed as moot. The AOJ accepted an October 2022 HLR request for review of the November 2020 denial of an increased rating for a low back disability and issued a December 2022 HLR rating decision. The right hip disability claim is remanded.

The Veteran's claims for TDIU and Dependents' Educational Assistance were denied as there was no factual basis to grant earlier effective dates, with the exception of a 10% increase in disability rating for tinnitus from October 29, 2017. The Board found that the Veteran did not become unemployable within one year prior to October 29, 2018.

The Veteran's lumbosacral strain is rated at 10 percent, which does not meet the criteria for a higher rating as his forward flexion is greater than 60 degrees but less than 85 degrees and his combined range of motion is greater than 120 degrees but less than 235 degrees.

The Veteran's back disability and lower extremity radiculopathy are rated at 40 percent each, effective September 9, 2022. The appeal is granted for these conditions.

The Veteran's service-connected disabilities rendered him unable to secure or follow gainful employment from at least August 1, 2014, and the Board granted a TDIU effective that date.

The Veteran's appeal for increased ratings for lumbosacral strain with IVDS and mild recurrent major depressive disorder, with somatic pain disorder was denied. The Board found that the evidence did not support a higher rating based on the current level of disability.