Back / lumbar spine Board decisions

The Veteran's TDIU claim was raised in the context of his initial increased rating claim for lumbosacral strain. The Board found that he did not meet the schedular requirements for a TDIU as set forth in 38 C.F.R. § 4.16(a) prior to July 23, 2019. However, on remand, his claim should be referred to the Director of Compensation Service for extraschedular consideration for a TDIU.

The Board denied the claims for service connection for chronic URI, hearing loss, and an upper back/neck disorder. However, it granted the reopening of claims for an acquired psychiatric disorder, to include PTSD and mood disorder; a low back disorder; bilateral upper and lower extremity numbness; and a headache disorder. The remaining issues were remanded.

The Board remands the issues of entitlement to a higher disability rating for lumbar spine degenerative joint disease and TDIU due to an inadequate examination.

The Veteran withdrew her appeals for increased ratings and service connection for lumbosacral strain with bilateral sacra stress injury, right femur stress fracture with hip contusion, left hip contusion, residuals of a traumatic brain injury, vestibular disorder, and left knee disorder.

The Board has denied service connection for low back, left hip, right hip, and right leg conditions claimed as pain and limited range of motion, all secondary to the Veteran's service-connected status post intramedullary rodding of the left tibia. The evidence did not show a current disability in these areas.

The Board denied service connection for right hip, shoulder, elbow, and low back disabilities, finding no evidence of in-service onset or relationship to active service.

The Board has decided to remand the Veteran's claims for left knee condition, right knee condition, and low back condition as secondary to knee injury due to duty-to-assist errors. A VA examination is required for the left knee condition, and efforts must be made to obtain private treatment records.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since October 1, 2015. The Board has granted a TDIU effective June 14, 2018.

The Board has remanded the claims of service connection for cervical spine and low back disabilities due to deficiencies in the February 2023 VA examiner's opinion. The Veteran must provide an addendum that addresses his reported injuries during service and considers his lay statements.

The Board has remanded the claims for back disability, bilateral pes planus, right knee disability, and left knee disability due to inadequate VA medical examinations. The Veteran will need new VA examinations to assess his current functional impairment.

The appeal regarding entitlement to service connection for a back disability is dismissed because the Veteran did not timely file an appeal in response to the rating decision issued in December 2020, and good cause to extend the period of time to file the appeal was not shown.

The Board has dismissed all claims due to the Veteran's death, as it does not have jurisdiction to adjudicate the merits of these cases.

The Board denied eligibility for the direct payment of fees to the appellant from past due benefits awarded in a June 2022 rating decision granting service connection for degenerative disc disease of the cervical spine and bilateral upper extremity radiculopathy.

The Veteran's back condition is granted service connection, and the denial of his right great toe ingrown toenail claim based on CUE in the January 2018 rating decision is denied.

The Board has remanded the cases due to a duty to assist error, specifically regarding the lack of an adequate rationale for the Veteran's claimed lumbar spine, left shoulder, right shoulder, right knee, and bilateral plantar fasciitis disabilities.

The Veteran's lumbar spine disability was reduced from a 40 percent rating to a 20 percent rating, effective October 19, 2021. The reduction is granted as the evidence showed actual improvement in her ability to function under ordinary conditions of life and work.

The Board has remanded the claims of service connection for low back disorder, right knee condition, and left knee condition due to a duty-to-assist error. The Veteran's lay statements indicate his conditions are related to active-duty service, including carrying heavy items and standing in vehicles over rough terrain.

The Board has remanded the claims for service connection for left ankle, right hip, and low back disabilities due to insufficient evidence at the time of the initial decision. New VA examinations are needed to determine the nature and etiology of any diagnosed conditions.

The Board has decided to remand the case due to errors in obtaining medical records and a need for an additional addendum opinion regarding the Veteran's back disability.

The Board has determined that the Veteran's hypertension and back disorder are not related to his service, but has found a need for further examination and opinion regarding these conditions.