Back / lumbar spine Board decisions

The Board has decided to remand the case due to a failure to obtain all VA treatment records from May 2022 onwards, which could potentially affect the rating assigned for low back disability.

The Board has remanded the case due to a failure to obtain a direct medical opinion and an adequate secondary service connection medical opinion, as well as issues related to obtaining the Veteran's separation medical examination.

The Veteran's claims for special monthly compensation (SMC) based on the need for aid and attendance and housebound status have been denied as there is no evidence of a single service-connected disability rated at 100% or substantial confinement to his dwelling.

The Veteran's claim for a compensable rating for bilateral hearing loss has been denied.,The Board has remanded the claims for service connection for equilibrium vertigo (to include dizziness, labyrinthitis, and hypotension) and degenerative disc disease with facet arthropathy due to outstanding VA and non-VA records.

The Board denied the Veteran's claim for service connection for a low back condition, including thoracolumbar strain, degenerative arthritis, and scoliosis, finding that his pre-existing condition was not aggravated by service.

The Board has remanded the claims for reopening of service connection for right shoulder, lumbar spine, and right knee disabilities due to procedural errors in categorizing issues on appeal.

The Veteran's claims for special monthly compensation based on need for aid and attendance and total disability rating based on individual unemployability are being remanded due to the failure of VA to obtain all available VA treatment records since November 2021.

The Board has granted service connection for right ankle lateral collateral ligament sprain and left ankle lateral collateral ligament sprain. The claim of service connection for back disability is remanded due to a duty to assist error.

The Board has remanded the issues of entitlement to service connection for left and right knee disabilities, an acquired psychiatric disability, a temporary total disability rating under 38 C.F.R. § 4.29 for an acquired psychiatric disability, and a TDIU due to unresolved development needs.

The Veteran's appeal for service connection for cervical spine disability was dismissed.,Service connection for degenerative arthritis of the lumbar spine is granted, with no specific rating assigned and no effective date provided.

The Board has decided to remand the Veteran's claims for service connection due to errors in the pre-decisional duty to assist. The AOJ will need to obtain additional evidence and provide a new or addendum medical opinion.

The Veteran's appeals for service connection and increased ratings were dismissed due to an impermissible concurrent election. The appeal of lumbosacral strain was remanded.

The Veteran's lumbar spine disability is rated at 20 percent, and his right ankle disability is also rated at 10 percent. The Board found that the Veteran's lumbar spine disability does not warrant a higher rating based on functional loss due to pain or other factors.

The Board denied the Veteran's claims of service connection for major depressive disorder and back condition, finding that there was no evidence linking these conditions to his military service.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's left ankle, left knee, right hip, lumbar spine, and cervical spine disabilities are related to his service-connected motor vehicle accident. As such, service connection for these conditions is granted.

The Veteran's acquired psychiatric disability is granted a higher rating of 50 percent prior to October 15, 2021. The back and bilateral foot disabilities are denied service connection.

Service connection is granted for hemorrhoids, lumbar spine intervertebral disc syndrome with degenerative arthritis, left lower extremity radiculopathy, right lower extremity radiculopathy, and painful abrasion, blister of the left great toe.,The Veteran's service records show in-service treatment for various conditions including back pain, which is now diagnosed as lumbar spine intervertebral disc syndrome with degenerative arthritis. The VA examiner opined that his current condition is most likely caused by physical activity during service.

The Veteran's service-connected PTSD alone meets the criteria for a single disability rated at 100 percent, and his other disabilities combine to meet or exceed a 60 percent rating. Therefore, SMC at the housebound rate is granted from December 2, 2019, to May 23, 2021.

The Veteran's PTSD symptoms have more closely approximated the criteria for a 100 percent evaluation.,Service connection is granted for headaches as secondary to service-connected PTSD, and obesity caused by PTSD has been identified as an intermediate step in establishing service connection for the low back disorder.

The Board has determined that the VA examinations for lumbosacral strain, cervical strain, and obstructive sleep apnea are inadequate due to a lack of information regarding baseline levels of severity and opinions on aggravation. The Veteran's service connection claims for these conditions are being remanded for further development.