Back / lumbar spine Board decisions

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that it was not factually ascertainable that his service-connected disabilities increased to preclude substantially gainful employment within one year prior to the date of his claim.

The Veteran's claims for service connection and increased rating have been remanded due to procedural errors and the need for additional medical opinions.

The Board found that the grant of service connection for lumbosacral strain was not clearly and unmistakably erroneous, thus restoring service connection.

The Veteran's neck and back conditions are granted service connection, while bilateral hearing loss is denied. Service connection for a right leg condition and an acquired psychiatric disorder is also granted.

The Board has granted the Veteran's claim for service connection for his back disability, finding that it is related to his military service and resolving doubt in favor of the Veteran.

The Board has granted service connection for hemorrhoids and denied service connection for left shoulder disability. The claim of service connection for low back disability is remanded.

The Veteran withdrew his appeal regarding multiple knee and hip conditions, as well as a shoulder pain condition and back condition.

The Board has dismissed the claim for service connection of pelvic floor dysfunction due to a prior grant in August 2023. The issue of service connection for degenerative disc disease is remanded.

The Veteran's lumbosacral strain was rated at 40 percent effective February 28, 2022.,An earlier effective date of June 23, 2021 for the increased rating of 30 percent for asthma is granted.,SMC effective from June 23, 2021 is granted.

The Board has determined that the Veteran's migraine headaches are related to her service-connected cervical spine degenerative disc disease, but not directly. The Board is remanding for further examination and opinion regarding whether her migraines were aggravated by or caused by her lumbosacral strain or bilateral upper extremity radiculopathy.

The Veteran's appeal for service connection for allergies, a back disability, gingivitis, a nerve disability, and a sinus disability has been withdrawn.,Service connection for unspecified depressive disorder is granted. The Board finds that the Veteran's current unspecified depressive disorder is related to her active service.

The Board has remanded the claims for service connection for back disability, left hip disability, right hip disability, and right shoulder disability due to predecisional duty to assist errors. The Veteran's treatment records from private providers have not been obtained.

The Veteran's persistent depressive disorder with anxious distress is not rated more than 30 percent, as the evidence does not show occupational and social impairment with reduced reliability and productivity.,Left lower extremity radiculopathy is not rated more than 20 percent, as the symptoms do not meet criteria for a higher rating based on incomplete paralysis of the sciatic nerve.,Lumbosacral strain with IVDS and L4-L5 herniated intervertebral disc does not warrant an initial rating more than 10 percent due to combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees.

The Board has granted effective dates of August 17, 2020 for the award of service connection for lumbar spine degenerative arthritis, right sciatic nerve radiculopathy, and right femoral nerve radiculopathy. The decision is based on the Veteran's timely submission of a complete claim within one year of receipt of an incomplete application form.

The Board has remanded the case due to a pre-decisional duty error regarding workers' compensation and Social Security Administration records related to the Veteran's back disability. The AOJ is required to obtain these records.

The Veteran's back and right hip conditions are found to be secondary to his service-connected right ankle condition, and the Board has granted service connection for these conditions.

The Veteran's claims for service connection are being remanded due to the need for new VA examinations and a duty to assist error.

The Veteran's claims for increased ratings for his low back and bilateral sciatic/femoral radiculopathy were denied. The current rating of 20 percent for chronic lumbar syndrome, status post L4-5 lumbar discectomy/fusion with degenerative arthritis from February 14, 2019, to March 10, 2020, was maintained.

The Board has decided to remand the Veteran's claims for a thoracolumbar spine disability including radiculopathy of both lower extremities due to insufficient evidence and need for further examination.

The Veteran's rating for degenerative disc disease of the lumbar spine was restored to 40 percent effective December 23, 2020. Service connection for fibromyalgia was granted with an effective date of March 11, 2020.