Back / lumbar spine Board decisions

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's service connection claims for a lumbar spine disorder, bilateral hearing loss, tinnitus, left wrist disorder (carpal tunnel syndrome), and right wrist disorder (carpal tunnel syndrome). The AOJ is directed to consider these claims in their entirety.

The Veteran's claim for service connection for a back disorder is being remanded due to the failure to provide a VA examination and because of the duty to assist error regarding the separation examination. The examiner will be asked to determine if the Veteran's current back disorders are related to his military service.

The Board has determined that the decision denying eligibility for PCAFC is not clear and does not provide adequate reasons or bases. The Veteran's service-connected conditions, including PTSD, major depressive disorder with generalized anxiety disorder, sleep apnea, gastroesophageal reflux disease (GERD) with irritable bowel syndrome (IBS), tension headache, left shoulder labral tear, wrist tendinitis, fibromyalgia, lumbosacral strain, knee pain, plantar fasciitis, tinnitus, TMJ capsulitis, dry eye syndrome, allergic rhinitis, scars, and psoriasis are considered. The Board has ordered remand to clarify the reason for denial and provide proper notice.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability as due to his service-connected left knee PFPS with meniscal tear or right knee PFPS (limitation of flexion), finding that these conditions did not cause or contribute to his current lumbosacral spine disability.

The Board dismissed the appeal of the Veteran's claim for a total disability rating due to individual unemployability (TDIU) as it was fully addressed in a previous decision.

The Veteran's initial claim for a 10 percent rating for right groin strain has been granted. The claims for service connection for lumbar spine disorder, right hip disorder, and left hip disorder have been remanded due to the need for additional medical opinions.

The reduction of the Veteran's lumbar spine disability rating from 20 percent to 10 percent, effective December 15, 2021, was improper and restoration of the 20 percent rating is granted. The claims for service connection for diabetes mellitus type II, hypertension, IBS, and left hip disabilities are remanded.

The Board has remanded the case due to inadequate compliance with prior remand directives, specifically regarding the impact of the Veteran's service-connected disabilities on his ability to work for the period prior to January 14, 2021.

The Veteran's back brace, used for a service-connected disability of degenerative arthritis of the lumbar spine, caused wear and tear to his clothing in 2018. The Board granted an annual clothing allowance for this year.

The Board has granted an initial 40 percent rating for the Veteran's low back disability from August 20, 2006 to May 1, 2014. The rating is subject to controlling regulations governing the payment of monetary awards.

The Veteran's TDIU claim is granted effective February 11, 2011. Basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) benefits based on permanent and total disability status is also granted from the same date. The appeal concerning increased ratings for left knee instability prior to January 23, 2023, and left knee post-traumatic arthritis with moderate residuals is dismissed.

The Board has remanded the Veteran's claims for increased ratings and earlier effective dates for his lumbar spine disability, as well as his claim for SMC at the housebound rate. The claims are being returned to the AOJ for further development.

The Veteran is granted an extraschedular TDIU and basic eligibility for DEA from December 16, 1997 due to his service-connected lumbar disability.

The Board has remanded the claims for further development due to inadequate medical opinions regarding service connection and a TDIU determination.

The Veteran's claims for increased disability ratings for degenerative disc disease of the lumbar spine and cervical spine, both rated at 20 percent prior to May 4, 2011, were denied as his conditions did not meet the criteria for a higher rating.

The Veteran's lumbosacral strain is currently rated at 20 percent, effective August 15, 2022. The case has been remanded for further development.

The Board has remanded the claims for service connection and TDIU due to incomplete or inadequate opinions regarding the relationship between the appellant's service-connected knee disabilities and her claimed disabilities. The VA must obtain additional medical opinions addressing whether the non-service-connected disabilities would have been less severe but-for the service-connected disabilities.

The Veteran's cervical spine strain with DDD is rated at 40 percent, effective May 1, 2011. The rating for headaches remains at 10 percent. Service connection for a psychiatric disorder secondary to the cervical spine disability and bilateral upper extremity radiculopathy are remanded.

The Veteran's claims for an increased rating for his thoracolumbar spine disability, service connection for tinnitus, and service connection for a hearing loss disability have been denied as the Veteran failed to report for scheduled VA examinations without good cause.

The Board has remanded the case due to insufficient explanation in the October 2022 VA examiner's opinion regarding the Veteran's lay reports and the over 35-year gap between service and current treatment. The matter is being returned for further clarification.