Back / lumbar spine Board decisions

The Veteran's service-connected disabilities, including PTSD, asthma with sleep apnea, chronic kidney disease, and various musculoskeletal conditions, render him unable to perform daily activities without regular aid and attendance. The Board has determined that the criteria for SMC based on need for aid and attendance have been met.

The Veteran's claims for increased ratings for left and right lumbar radiculopathy, as well as his right shoulder disability, are being remanded due to the need for further consideration of the evidence.

The Board denied the Veteran's claims for earlier effective dates for service connection due to a failure to submit a completed VA Form 21-526 within one year of her intent to file, despite receiving multiple notices and opportunities.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's increased rating claims for lumbosacral strain, left and right lower extremity radiculopathy, and femoral nerve conditions have been denied. The issues were remanded due to procedural errors.

The Veteran withdrew his appeal regarding the service connection claims for low back condition and sciatica left leg.

The Veteran's service-connected disabilities render him unable to secure and follow any substantially gainful occupation, thus a total disability rating based on individual unemployability (TDIU) is granted.

The Board remands the claims for service connection for cervical spine, lumbar spine, and right shoulder disorders as secondary to diabetes mellitus Type II and bilateral lower extremity peripheral neuropathy due to inadequate medical opinions.

The Board has decided to remand the Veteran's claims for higher disability evaluations and TDIU due to additional development being required. The issues include increased ratings for lumbar spine conditions and radiculopathy of the right lower extremity, as well as a claim for TDIU.

The Board denied service connection for an acquired psychiatric disorder, including PTSD. The Veteran's claim was not supported by a current disability diagnosis.,The Board granted service connection for a low back condition, finding it at least as likely as not related to the Veteran's in-service injury.

The Veteran's initial rating for a psychiatric disability is denied, and the Board has remanded service connection claims for obstructive sleep apnea, hypertension, and low back disorder due to duty-to-assist errors.

The Board has remanded the claims for a VA examination and corresponding opinions addressing each claim on a direct incurrence basis, with consideration of the Veteran's contentions of continuity of symptomatology since service.

The Board has dismissed the appeals for compensation under 38 U.S.C. § 1151 for salivary duct stones and lumbar/cervical disorder as they are duplicative of a previous decision.

The Board has granted service connection for the Veteran's low back condition, finding that it is related to his active duty service.

The Veteran's back condition with sciatica to include neuralgia is related to his in-service duties and the Board has granted service connection for this condition.

The Veteran's lumbosacral strain is not related to his service-connected right patellar fracture and bilateral plantar fasciitis with flat foot conditions.,The Veteran's vertigo is not related to his service-connected post-concussive syndrome.

The Board denied a rating in excess of 40 percent for epilepsy and a rating in excess of 20 percent for back disability, but granted a total disability rating based on individual unemployability (schedular TDIU) from October 23, 2019.

The Veteran's claims for increased ratings for his service-connected back disability and bilateral lower extremity radiculopathy have been denied. The Board found that the evidence did not support an initial rating in excess of 20 percent for the Veteran's back disability, as his range of motion was limited to at worst 60 degrees during flare-ups. For his bilateral lower extremity radiculopathy, there is no evidence of incapacitating episodes or other factors warranting higher ratings.

The Board denied the veteran's claim for an earlier effective date for service connection for degenerative arthritis of the spine, finding that the March 2006 rating decision was final and no new and material evidence had been submitted to reopen the claim prior to September 30, 2008.

The Veteran's service-connected right lower extremity radiculopathy of the femoral nerve is granted a 20 percent disability rating, effective March 28, 2021. The Veteran's service-connected right lower extremity radiculopathy of the sciatic nerve also receives a 20 percent disability rating from that date.