Back / lumbar spine Board decisions

The Veteran's claims for service connection for bilateral hearing loss, right hand disability, low back disability, and psychiatric disability are being remanded due to the need for additional evidence and medical opinions.

The Board denied the Veteran's request for an earlier effective date for SMC based on aid and attendance, finding that prior to November 5, 2018, he did not require regular aid and attendance due to his service-connected disabilities.

The Veteran's claim for a 40 percent disability rating for degenerative disc disease of the lumbar spine is granted, effective June 5, 2013. The effective date for service connection for left and right lower extremity sciatic neuritis secondary to diabetes mellitus is also set at June 5, 2013.

The Veteran's TDIU and basic eligibility for Dependents' Educational Assistance (DEA) are granted effective October 1, 2020. The Veteran has a permanent, total service-connected disability due to his right shoulder and back disabilities.

The Board has decided to remand the case due to inadequate VA examination and a duty to assist error. The Veteran's lumbar spine disability is being reviewed again for proper service connection.

The Board has withdrawn the appeals for left and right foot disabilities, urinary incontinence as secondary to service-connected disease or injury, and both hand disabilities. The issues of left and right hand disabilities are remanded due to lack of proper medical opinions.

The Board has determined that new and relevant evidence has been submitted for the claims of service connection for an acquired psychological disorder, lumbar strain, degenerative disc disease (DDD) of the thoracic spine with large endplate osteophytes, and degenerative lower lumbar facet arthritis. The claims are being remanded due to insufficient evidence.

The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance from December 26, 2001. The decision finds that his service-connected disabilities rendered him in need of regular aid and attendance since December 26, 2001.

The Veteran's TDIU claim is granted with an effective date of October 30, 2020, based on his service-connected thoracolumbar spine disability and right lower extremity radiculopathy.

The Veteran's back condition, which is rated under the General Rating Formula for Diseases and Injuries of the Spine (General Rating Formula), has been granted a disability rating of 40 percent since November 2, 2010.

The case is remanded for additional development to ensure compliance with prior remand instructions, specifically regarding the adequacy of examinations and addressing the Veteran's TBI manifestations.

The Veteran is granted a total disability rating based upon individual unemployability (TDIU) for the entire period on appeal, excluding a temporary total rating period from January 30, 2024, to February 29, 2024.

The Veteran's claims for service connection of chronic prostatitis and a low back disability were granted with effective dates of July 22, 2020 and August 11, 2020 respectively. The Board found that the earliest proper effective dates are those assigned as these claims were reopened after final disallowance.

The Board has remanded the claims of service connection for lumbosacral strain and degenerative disc disease, as well as a neck condition. The VA will obtain additional medical records and schedule the Veteran for examinations to determine if his conditions are related to his military service.

The Board has remanded the claim of service connection for a low back disability due to errors in the duty to assist and an inaccurate factual premise used by the previous VA medical opinions. The Veteran is requested to provide an additional VA medical opinion.

The Board has granted an effective date of November 7, 2018 for Total Disability Rating for Individual Unemployability (TDIU) and Eligibility for Dependents' Educational Assistance under 38 U.S.C. chapter 35 (DEA). The Veteran was not in receipt of a total service-connected disability prior to this date.

The Board has granted service connection for a lower back disability and bilateral sciatica, finding that the Veteran's current conditions are related to his military service.

The Veteran's appeals for increased disability ratings have been dismissed due to his withdrawal of the appeals.

The Veteran's claim for an increased rating for his low back disability, right lower extremity radiculopathy, and low back scar is denied. The TDIU claim is also denied.