Back / lumbar spine Board decisions

The Veteran's back disability is rated at 20 percent, and his right lower extremity sciatic nerve radiculopathy from April 18, 2022, is rated at 20 percent. The remaining issues are remanded for further review.

The Veteran's claims for service connection on multiple conditions are being remanded due to a failure to obtain private medical records.

The Board has remanded the Veteran's claims for service connection due to new and relevant evidence submitted, including testimony regarding an in-service injury. The claims are being remanded to obtain STRs and a VA examination to address the nature and etiology of his obstructive sleep apnea.

The Veteran's service connection claims for lumbar disc disease with bulging of intervertebral discs and right knee chondromalacia patellae, osteoarthritis, and tendonitis/tendinosis have been granted. The Board found new and relevant evidence since the final denial supporting these claims.

The Veteran's tinnitus and lumbosacral spine condition are granted service connection. The tinnitus is linked to military service, while the lumbosacral spine condition is secondary to his service-connected knee disability.

The Veteran's TDIU claim on an extraschedular basis for the period from March 23, 2009 to December 13, 2016 is granted as his service-connected disabilities have prevented him from securing or following a substantially gainful occupation.

The Veteran's claim for service connection for low back sprain is remanded due to the need to obtain VA treatment records from after her separation from service, which may be relevant to her current condition.

The Veteran's increased rating claim for bilateral L5 spondyloysis with mechanical low back pain is being remanded due to the inadequacy of a previous VA examination and the need for a new one.

The Board dismissed the Veteran's claims for service connection of a chronic headache disability, neck disability, and increased rating greater than 20 percent for back disability. The Veteran was granted an initial rating of 70 percent for PTSD with cannabis use disorder, effective April 14, 2015.

The appeal is being remanded due to the submission of additional evidence. The Veteran's claims for higher evaluations for PTSD, low back strain, and left lower extremity radiculopathy are also being remanded.

The Board has remanded the Veteran's claims for increased disability evaluations for lumbosacral strain with degenerative disc disease and arthritis, as well as left eye atrophy with visual field loss. The AOJ is instructed to obtain additional evidence including a retrospective medical opinion regarding the severity of her service-connected lumbar spine disability in light of Correia v. McDonald (2016), and another VA back examination report.

The Board has remanded the cases for additional development due to insufficient opinions in previous VA examinations.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy are rated at a 40 percent since June 26, 2013. A TDIU is granted from May 3, 2019 to the present.

The Board has remanded the Veteran's claims for increased ratings for his service-connected low back disability and bilateral lower extremity radiculopathy due to inadequate VA examinations, lack of retrospective opinions, and need for additional development.

Prior to June 18, 2021, the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation. As of June 18, 2021, his single service-connected disability did not meet the criteria for TDIU.

The Veteran's claim for an increased rating for his service-connected degenerative arthritis of the lumbar spine was denied. The Board found that the criteria for a higher than 20 percent rating were not met.,The Veteran's claim for TDIU prior to March 18, 2019 is remanded for referral to the Director of Compensation and Pension Service for extraschedular consideration.

The Veteran's disabilities, including legal blindness and lumbar disc disease, result in his inability to care for his daily personal needs and protect himself from the hazards or dangers of his daily environment without regular assistance. The Board has granted special monthly pension based on the need for regular aid and attendance.

The Veteran withdrew all appeals related to increased ratings, compensation under 38 U.S.C. § 1151 for dental and oral conditions, depression with social anxiety condition and sleep disturbances, and service connection for left and right leg radiculopathy and migraines.

The Veteran's osteopenia of the lumbar spine, right femoral neck, left femoral neck, right total hip, and left total hip are currently diagnosed. The Board is remanding these claims due to pre-decisional duty to assist errors.

The Veteran's claims for service connection for Barrett's esophagus, headaches, and a back condition are being remanded due to inadequate medical opinions. The VA examiners failed to consider all relevant evidence and provide reasoned rationales.