Back / lumbar spine Board decisions

The Veteran's rating for degenerative arthritis of the lumbar spine with intervertebral disc syndrome was reduced from 20 percent to 10 percent, effective March 1, 2023. The Board found this reduction improper and restored the original 20 percent rating.

The Board has determined that the claim must be remanded to correct a duty to assist error and obtain verification of the Veteran's periods of ACDUTRA and INACDUTRA in the Army NG and/or Reserves. The VA examiner will then determine if the low back disorder is related to service, including his periods of ACDUTRA or INACDUTRA.

The Board has remanded the case due to insufficient medical records and opinions. The Veteran's low back condition is being reviewed for service connection, with a focus on determining if his current conditions are related to incidents of service.

The Veteran's degenerative disc disease with spinal stenosis and spondylolisthesis is currently rated at 20 percent, which is the maximum schedular rating available. The Board found that his symptoms did not warrant a higher rating as they did not meet the criteria for ankylosis or IVDS. For TDIU, the Veteran's combined disability rating was 70 percent due to OSA and other service-connected conditions, but he could still secure and follow substantially gainful employment given his education, work history, and current functional limitations.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in purchasing an automobile or adaptive equipment, as he does not have a loss of use of his feet, hands, vision impairment, burn injury, ALS, or ankylosis of knees or hips.

The Veteran's lumbosacral strain is granted as secondary to his service-connected patellofemoral syndrome, right knee with degenerative changes and bilateral plantar fasciitis. The Veteran's allergic rhinitis with chronic sinusitis is granted at a 30% evaluation effective February 5, 2020.

The Veteran's claim for a certificate of eligibility for assistance in acquiring specially adapted housing is remanded due to the need for new VA examinations and further development of medical opinion evidence.

The Board has granted service connection for the Veteran's low back disability, which includes diagnoses of degenerative arthritis, lumbosacral strain, and intervertebral disc syndrome. The opinion provided by a VA examiner indicates that these conditions are related to complaints during service.

The Veteran's claim for earlier effective dates and SMC based on need for aid and attendance is denied. The effective date for SMC based on loss of use of one foot is granted as of March 24, 2009.

The Board has restored a 40% rating for the Veteran's low back disability, effective November 1, 2022. The reduction from 40% to 20% was found improper due to insufficient evidence of actual improvement in the Veteran's ability to function under ordinary conditions.

The Board denied the Veteran's claim for service connection for back disability, finding that there was no evidence of a chronic condition in service or within the applicable presumptive period. The Board also found that the Veteran did not have continuity of symptomatology and that his current back disability is not otherwise etiologically related to an in-service injury or disease.

The Board has restored the Veteran's original 40 percent rating for his low back disability, finding that the reduction from 20 percent to 40 percent was improper and not in accordance with VA regulations.

The Veteran's appeal for service connection for lumbosacral or cervical strain (spina bifida, also claimed as chronic, mechanical low back pain) was dismissed because a supplemental claim regarding this issue was already pending before the AOJ.

The Board denied the Veteran's motion to revise a January 9, 2004 rating decision that reduced his disability rating for degenerative disc and joint disease of the lumbosacral spine from 40% to 20%. The reduction was based on improvement in the Veteran's condition as evidenced by a VA examination report.

The Board dismissed the appeal for service connection of a back disability due to it being moot. The Veteran's claim for an increased rating for Generalized Anxiety Disorder and Major Depressive Disorder was granted with a 50% rating.

The Board has remanded the Veteran's claims for increased ratings for her service-connected back disability and left sciatica due to inadequate examination findings in the November 2021 VA examinations. The Veteran will need a new VA examination to determine the current severity of her disabilities.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathies have been granted initial ratings of 60 percent and 20 percent, respectively, effective June 30, 2016.

The Veteran's appeal for service connection for PTSD, TBI, tension headaches, a lumbar spine compression fracture, a right elbow fracture, scars of the right forearm, neuropathy of the right upper extremity, a right wrist fracture, and tinnitus previously found to be service connected for treatment purposes only is dismissed. Service connection for a right knee disability is granted.

The Veteran's appeals for higher initial ratings for knee, left and right chondromalacia with degenerative arthritis, cervical paraspinal tendonitis with degenerative disc disease other than IVDS, and lumbar paraspinal tendonitis with degenerative disc disease other than IVDS were denied. The evidence did not show that the Veteran's conditions warranted a higher rating under applicable diagnostic codes.

The Board denied the Veteran's claim for an initial compensable evaluation for bilateral hearing loss and remanded claims for service connection for left knee, right knee, and back disabilities.