Back / lumbar spine decisions — 2023

The Veteran's claim for service connection for obstructive sleep apnea is granted, and the issue of an earlier effective date for lumbar spine disability is dismissed. The Board also remanded the case to issue a statement of the case regarding the effective date for the temporary total rating due to convalescence following surgery.

The Board has remanded the claim of entitlement to TDIU prior to July 10, 2015 due to incomplete records and for consideration of an extraschedular rating.

The Board denied the Veteran's claims of service connection for various conditions, including an acquired psychiatric disorder, cardiovascular disability (other than hypertension), low back disability, bilateral hip disability, OSA, COPD, sinusitis, and allergic rhinitis. The Board found that there was no evidence to support these claims.

The Veteran's left knee patellofemoral pain syndrome is currently rated at 10 percent, but the evidence does not support a higher rating due to limited flexion.,The Veteran's thoracolumbar strain is currently rated at 40 percent and no higher. The evidence does not support an increase in this rating.

The Veteran's claims for increased ratings for deviated nasal septum and lumbar spine strain are remanded due to the need for additional development, specifically a VA examination to assess range of motion.

The Board denied service connection for hypertension, CAD, GERD, bilateral CTS, knee osteoarthritis, shoulder strain, lumbar spine disability, OSA, and skin disorder.,No new evidence or changes in the Veteran's conditions were presented to support these claims.

The Board has granted service connection for left shoulder rotator cuff tendonitis with osteoarthritis, lumbar spine degenerative arthritis with IVDS and cervical spine degenerative arthritis with IVDS as these conditions are related to the Veteran's in-service motorcycle accident.

The Board has granted service connection for lumbar spine, cervical spine, left knee, and right knee disabilities based on the Veteran's credible statements and medical opinions linking these conditions to his military service.

The Veteran's migraine headaches are related to her service-connected chronic fatigue syndrome and fibromyalgia. The left hip disability, right hip disability, and right knee disability were not found to be related to service or a service-connected condition.

The Veteran's service-connected disabilities rendered him unemployable for the period on appeal prior to January 24, 2019.

The Veteran's application to reopen the claim of service connection for back disability was denied in a July 2002 decision, and this decision is final. The January 2015 rating decision again denied the claim on the merits, finding no link between the current back disability and service.,An effective date earlier than April 26, 2017 for the award of service connection for chronic sinusitis and allergic and chronic vasomotor rhinitis is not warranted. The earliest possible effective date is April 26, 2017.

The Veteran's appeal for a TDIU prior to May 13, 2016 is denied. The Board has also remanded the issues of increased evaluation for low back disabilities and initial evaluations for radiculopathy of the right sciatic and femoral nerves.

The Board has remanded the cases for further development due to inadequate explanation of the evaluation of lay evidence regarding symptom onset and continuity.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to issues with the severity of his lumbar spine disability, specifically regarding the effects of medications used during a previous examination.

The Board has remanded the issues of service connection for a cervical spine disorder and right hip disorder due to potential additional periods of active duty not previously verified.,An addendum medical opinion is needed regarding whether the Veteran's current cervical spine and right hip disorders are related to his active service.

The Veteran's claim for service connection for a right ankle condition was dismissed as the Veteran withdrew his appeal during his Board Hearing. The Board granted service connection for degenerative disc disease, osteoarthritis of the lumbar spine, spinal stenosis, and lumbar-sacral spondylosis.

The Veteran's initial rating for his left ulnar styloid condition remains at 10 percent, and the claim for service connection of a lumbar spine disorder is remanded.

The Veteran's lumbar spine condition has been granted service connection. The Board also found that the Veteran's bilateral hip, leg, and foot conditions are related to his now service-connected lumbar spine condition.

The Veteran's service-connected lumbar spine and lower extremity neurological disabilities are being remanded for further evaluation.

The Board has remanded the Veteran's claims for service connection due to incomplete records and insufficient examination opinions. The respiratory disability claim is related to exposure in Vietnam, while the low back disability claim involves secondary service connection.