Back / lumbar spine decisions — 2024

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected degenerative disc disease of the lumbar spine, finding that there is an approximate balance of positive and negative evidence.

The Board has determined that the Veteran's sleep apnea (OSA) is proximately due to or aggravated by his service-connected mental and musculoskeletal disabilities, including weight gain from his service-connected conditions.

The Board has restored the Veteran's original 40% rating for his service-connected degenerative disc disease of the lumbosacral spine, finding that the reduction was improper due to procedural and substantive requirements not being met.

Service connection for asthma is granted. Service connection for memory loss disorder is denied. Entitlement to service connection for left elbow, thoracolumbar spine, right hip, and bilateral knee disorders is remanded.

The Board has determined that the Veteran's claims for increased ratings and service connection are not fully developed, requiring further examination and consideration.

The Board dismissed the appeal for entitlement to service connection for a lower lumbar condition due to a deferred decision. The right knee and acquired psychiatric disorder (including anxiety, short-term memory loss) issues are remanded.

The Veteran's claims for service connection are being remanded due to a duty to assist error and the need to adjudicate secondary service connection for ankle disabilities. The AOJ is instructed to ensure all VA treatment records have been associated with the claims file, and then to adjudicate the secondary service connection claim.

Service connection for a lumbar spine disability is granted.,Entitlement to an initial rating in excess of 30 percent for service-connected headaches is denied. The Veteran's headaches are not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has dismissed the appeals for service connection of various shoulder and cervical spine conditions as they have been granted within a prior rating decision.

The Board has determined that the Veteran's current lumbosacral strain disability is related to an in-service injury, and thus service connection for this condition is granted.

The Board has granted service connection for rhinitis and sinusitis, low back stiffness, left hip condition, neck injury, and bilateral knee disability. The evidence is nearly balanced as to whether these conditions had their onset during the Veteran's active duty.

The Veteran's claims for increased ratings and TDIU are being remanded due to pre-decisional duty to assist errors. The AOJ is instructed to schedule the Veteran for a VA examination to determine the current severity of his service-connected bilateral knee disorders, and to consider referral for extraschedular TDIU under 38 C.F.R. § 4.16(b).

The Veteran's tinnitus is granted service connection. The claims for anxiety disorder, left knee strain, right knee strain, and lumbosacral strain are remanded.

The Veteran's pinguecula and thoracolumbar spine disability are granted service connection, while his migraine, right knee disability, cervical spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy are granted. The Veteran's bilateral plantar fasciitis is denied.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's lumbar spine disorder, which is currently considered a direct service connection claim.

The Veteran's service-connected low back pain and major depression cause him to require the regular aid and attendance of another for activities such as dressing, bathing, cooking, traveling, and managing medication.

The Board has determined that there were errors in the decision-making process and requires additional examinations to determine if service connection can be granted for various conditions.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound, as his conditions allow for some mobility and he is able to perform many daily activities with assistance.

The Board has found that service connection for tension headaches is granted. The claim of service connection for a back disability is remanded due to the need for a medical opinion.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to a deviated septum. The low back condition claim is remanded.