Back / lumbar spine Board decisions

The Board has decided to remand the case due to errors in duty to assist and insufficient opinions regarding the nature and etiology of the Veteran's low back conditions, specifically whether his service-connected knee conditions caused or aggravated his obesity, which contributed to his current low back conditions.

The Board has remanded the claims of service connection for a lumbar condition, right knee condition, and bilateral hearing loss due to missing service treatment records and personnel records. The Veteran's active duty service in Iraq is also unclear.

The Veteran's back brace and bilateral knee braces caused wear and tear to his clothing, specifically causing damage to shirts from the back brace and pants from the knee braces. The Board granted three annual clothing allowances for the 2021 calendar year based on this finding.

The Veteran's increased ratings for lumbosacral spine strain and sciatic radiculopathy of the left lower extremity are denied as his disability picture does not warrant a higher rating under applicable criteria.

The Board has remanded the service connection claim for a left knee disability and the temporary total evaluation claim due to insufficient medical opinions in the file. The issues are inextricably intertwined.

The Veteran's lumbar spine disability is rated at 100% since November 10, 2015. Bilateral sciatic nerve radiculopathy disabilities are each granted a 10% rating effective January 18, 2022.

The Veteran's lumbar spine disability was rated at 10 percent from November 30, 2008, through November 12, 2009, and denied a higher rating. From November 13, 2009, the Veteran's disability was rated at 20 percent.

The Veteran's appeal for a higher rating for her service-connected degenerative disc disease and arthritis of the lumbar spine from August 23, 2013, to October 6, 2021 is remanded due to inadequate development.

The Board has granted an effective date of June 17, 2008 for the grant of a TDIU based on the Veteran's service-connected disabilities. The decision is subject to regulations governing payment of monetary awards.

The Board has remanded the Veteran's claims of entitlement to service connection for a cervical spine condition and a low back condition due to failure to substantially comply with an August 2022 remand.

The Veteran's lumbosacral spine disability is granted at a 40 percent evaluation, and her right and left lower extremity radiculopathy are each granted initial 20 percent evaluations.

The Veteran's claim for increased ratings and TDIU is being remanded due to the need for additional development, including range of motion measurements.

The Board has remanded the Veteran's claims for service connection due to inadequate VA medical nexus opinions in December 2020 and June 2023. The claims are being remanded for new VA examinations to address the issues of a low back disability, left and right knee disabilities, left and right foot disabilities, and a right shoulder disability.

The Veteran's claims for higher ratings on his service-connected disabilities have been denied. His lumbar spine disability is rated at 20 percent, right lower extremity radiculopathy (sciatic nerve) at 40 percent, and right lower extremity radiculopathy (femoral nerve) at 20 percent.

The Board has remanded the case due to insufficient evidence regarding the Veteran's back disability, including a lack of records from his service and an incomplete medical opinion. The Veteran is asked to provide additional treatment records and complete a VA Form 21-4142 for these records.

The Board has remanded the claims of entitlement to service connection for an acquired psychiatric disorder, a right hip disability, and a low back disability due to insufficient medical opinions and potential pre-decisional duty to assist errors.

The Board denied increased disability ratings for the service-connected back disability and radiculopathy of the right lower extremity from June 14, 2022.

The Board has remanded the Veteran's claims for cervical degenerative disc disease and lumbar intervertebral disc (lumbar strain) due to inadequate opinions regarding service connection, secondary aggravation by a service-connected right shoulder disability, and direct service connection.

The Board has decided that an increased rating in excess of 40 percent for the Veteran's back condition is denied. The TDIU and DEA claims are remanded due to procedural errors.

The Veteran's allergic rhinitis has been granted a 30% evaluation. The cervical and lumbar spine disorders, as well as the obstructive sleep apnea, are being remanded for further development. The compensable initial evaluation for folliculitis of the scalp, face, and neck is also being remanded. The SMC claim is part of the pending increased rating claims.