Back / lumbar spine decisions — 2024

The Board has determined that the Veteran's obstructive sleep apnea is etiologically related to service and is secondary to his service-connected depressive disorder, lumbosacral strain, bilateral knee degenerative joint disease patellofemoral syndrome, right shoulder sprain, plantar fascitis, pes planus, and hallux valgus with degenerative changes.

The Board has remanded the service connection claim for a low back disorder due to the Veteran's assertion of injury during active duty and the presence of lumbar spondylosis, lumbar spinal stenosis, and disc disorder with radiculopathy in private treatment records. The claim is being returned for further evaluation.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, which has been granted.

The Board has granted the restoration of SMC at the housebound level, correcting an improper severance decision issued in May 2020.

The Veteran's service-connected disabilities (major depressive disorder, degenerative arthritis of the lumbar spine, and left knee condition) prevent him from obtaining and maintaining substantially gainful employment since he last worked full time in May 2016. The Board finds that his TDIU claim is granted since October 31, 2017.

The Veteran's low back condition and left ear hearing loss are granted as service connected. The Board has remanded the case for an addendum opinion regarding the cause of the left ear hearing loss.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, left shoulder disability, right knee disability, and headaches have been denied. The claim for hypertension is remanded due to the failure to review relevant VA treatment records.,Service connection has not been established for a lumbar spine disability.

The Board has denied service connection for a bilateral shoulder disability, right ear hearing loss, and left ear hearing loss. The Veteran's claims are remanded for further development regarding cervical spine and lumbar spine disabilities.,Service connection is not granted for the Veteran's claimed bilateral shoulder disability, right ear hearing loss, or left ear hearing loss due to lack of a current diagnosis.

The Veteran's anxiety disorder is rated at 50% effective from the date of the decision, and his left shoulder strain remains at 20%. Service connection for back condition, right shin splints, and left shin splints are granted.

The Veteran's appeal has been dismissed due to their death during the pendency of the appeal. The claims for service connection and increased ratings are not before the Board.

The Veteran's claims for earlier effective dates prior to October 14, 2020, for service connection were denied as the new evidence received after the November 2012 rating decision was not relevant to his claim.

The Veteran's service connection claims for low back disability and right shoulder disability have been reopened due to the submission of new evidence. The claims are now remanded for further development.,New evidence has been submitted that suggests current diagnoses of low back disability and right shoulder disability, but these need to be confirmed by VA examination.

The Veteran's lumbosacral strain with degenerative disc and joint disease, left femoral nerve radiculopathy, right femoral nerve radiculopathy, right sciatic nerve radiculopathy, and left sciatic nerve radiculopathy have been granted initial disability ratings. The appeal is remanded for further consideration of the Veteran's claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for an earlier effective date for a total disability evaluation based on individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) is denied. The TDIU was granted with an effective date of July 12, 2021, which corresponds to the date of his increased rating claim.

The Board has remanded the claim of service connection for lumbar spine degenerative disc disease (DDD) due to a duty to assist error. The Veteran was not provided with a VA examination in connection with his DDD claim.

The Board has denied the Veteran's claims for higher ratings and earlier effective dates for his bilateral knee osteoarthritis, lumbar spine degenerative arthritis, and left ankle strain. The criteria for a rating in excess of 10 percent have not been met for any of these conditions.

The Veteran's claims for increased ratings and service connection are being remanded due to procedural errors in the initial rating decisions. The Board is unable to review evidence submitted after the RO's Rating Decision on appeal, but will consider it during the remand process.

The Veteran's claims for increased ratings for low back pain with L4-L5 disc protrusion, bilateral radiculopathy, and bilateral knee disabilities were denied as the Veteran refused to report for VA examinations.

The Board has determined that the Veteran's bilateral pes planus and low back disability are related to service, but his right ankle condition is not. The case is being remanded for further development.,Service connection for a low back disability is being remanded due to potential pre-service existence of the condition and possible aggravation by a service-connected right knee disability.

The Board has granted service connection for cervical spine stenosis and remanded the issues of a rating in excess of 10 percent for chronic low back strain with history of herniated nucleus pulposus, L4-5, and TDIU.