Back / lumbar spine Board decisions

The Board has granted an earlier effective date of September 23, 2021 for the award of service connection for migraine headaches and a TDIU due to service-connected disabilities.

The Board has dismissed the claims for service connection for a right index finger disability, low back condition, and neck condition as there is no case or controversy remaining. The claim for an acquired psychiatric disorder is remanded.

The Veteran's lumbar spine disability is rated at 20 percent, but the Board found no evidence of ankylosis or flexion to less than 30 degrees. The left lower extremity peripheral neuropathy is rated at 40 percent.,The Veteran's hallux valgus and pes planus are both rated as 10 percent.

The Veteran's claims for increased ratings were denied, and the Board has remanded several of his issues due to insufficient evidence. The back disability remains rated at 20 percent.

The Veteran's lumbar spine disability is rated at 10 percent, and her migraine headaches are granted an initial 50 percent rating. The Board denied the increased rating for the lumbar spine disability.

The Board has remanded the Veteran's claims for TDIU and DEA due to a pre-decisional duty to assist error, and the case is now referred to the Director of Compensation Service for consideration on an extraschedular basis.

The Veteran's claim for TDIU is remanded as it is inextricably intertwined with the downstream issue of assigning initial ratings for left and right lower extremity radiculopathy.,Effective May 18, 2009, separate ratings are granted for radiculopathy of the left and right lower extremities associated with service-connected thoracolumbar spine disability.

The Board has remanded the Veteran's claims for service connection for degenerative arthritis of the lumbar and cervical spine due to an inadequate VA examination. The case will be returned for further evaluation.

Service connection for a lower back disability is granted.,A rating in excess of 30 percent for asthma is denied.,An earlier effective date for the grant of a 50 percent rating for migraines is denied.

The Veteran's cervical strain and degenerative arthritis of the lumbar spine are not service-connected, while his bilateral groin scars remain under review.,The Veteran's initial rating for degenerative arthritis of the lumbar spine is denied as it does not meet the criteria for a higher rating. His bilateral groin scars are also under review for a compensable evaluation.

The Veteran's back condition resulted in no less than estimated forward flexion of 55 degrees with flare-ups, but not meeting the criteria for a higher rating. The claim for an increased rating is denied.

The Veteran's claim for a higher initial rating for his service-connected left lower extremity radiculopathy of the sciatic nerve is remanded. The Board finds that he continuously pursued a higher initial rating since filing for service connection on August 12, 2021.

The Veteran's service-connected coronary artery disease, lumbar strain with degenerative joint disease of the lumbar spine, hypertension, hemorrhoids, residuals of a fracture of the left wrist, iliotibial strain of the right knee with degenerative joint disease, Graves' disease and irritable bowel syndrome and gastroenteritis have been granted increased ratings. TDIU, SMC based on housebound criteria, and basic eligibility for DEA have also been granted effective as of May 23, 2017.

The Board has remanded the claims for sleep apnea, back disability, lower left extremity radiculopathy, and upper left extremity neuropathy due to insufficient evidence of current diagnoses or causal relationships.

The Board has remanded the Veteran's claims for service connection for various knee and shoulder disabilities, as well as a lumbar spine and cervical spine disability. The case is being returned to the RO for further development.

The Board has granted service connection for thoracic scoliosis and a mild back disorder, finding that the Veteran's current conditions are related to his military service.

The Veteran's claim for service connection for a lumbar disability is denied because there is no competent evidence of a current disability or an in-service incurrence.,The Veteran's claim for an increased rating for generalized anxiety disorder is also denied as his symptoms do not meet the criteria for a higher rating.

The Veteran's previously denied claims for service connection for a back disorder, chronic fatigue syndrome (CFS), irritable bowel syndrome (IBS), and sleep apnea are all denied due to lack of new and relevant evidence.,Service connection is not granted for left hip arthritis, right hip arthritis, or cervical spine injury residuals as there is no competent evidence linking these conditions to service.

The Veteran's claims for service connection have been readjudicated due to the submission of new and relevant evidence. The Board is remanding these claims as they involve complex medical issues.,Service connection has not been established for tinnitus, bilateral hearing loss, left knee disorder, or right knee disorder.

The Board denied an earlier effective date for the award of TDIU and DEA, finding that no valid claim was filed prior to May 5, 2013.