Back / lumbar spine decisions — 2024

The Board has dismissed the appeals of the deferred claims for hearing loss, PTSD, and a back disorder as they do not constitute an adjudicative determination from which an appeal may be filed.

The Board has determined that the Veteran's left knee and lumbar spine conditions are proximately due to or aggravated by his service-connected right knee condition, granting secondary service connection for both.

The Board has remanded the Veteran's claims for hypertension, mitral valve regurgitation, lumbar spine condition, left knee condition, and right knee condition due to a failure to obtain his service treatment records (STRs) and because of an incomplete duty to assist. The Veteran is also being asked to undergo VA examinations to determine if any of these conditions are related to active service.

The Veteran's claims for service connection for chronic sinusitis, chronic headaches, and a low back condition are being remanded due to the need for additional development regarding potential exposure to toxic substances during service.

The Board has granted service connection for obstructive sleep apnea, finding that it was caused by weight gain from the Veteran's service-connected psychiatric disorder and musculoskeletal disorders.

The Veteran's claim for service connection of degenerative changes with intervertebral disc syndrome (claimed as a low back disability) was granted effective October 12, 2018. The decision is based on new and material evidence received after the initial denial in January 2016.

The Board has determined that the VA examination and opinion provided were inadequate for rating purposes, as they did not consider prior in-service medical treatment and did not describe the disabilities in sufficient detail. The Board also found pre-decisional duty to assist errors regarding obtaining private treatment records and an adequate examination.

The Board has granted the Appellant's eligibility for attorney fees based on past-due benefits awarded in an August 9, 2016 rating decision. The benefits include a 20% disability evaluation for low back strain effective June 17, 2016 and service connection for asthma with evaluations of 0% (effective October 8, 2010) and 30% (effective December 15, 2011).

The Board has identified a pre-decisional duty to assist error related to the adequacy of the July 2020 VA examination and has ordered an addendum opinion to address the etiology of the Veteran's currently diagnosed low back disability.

The appeal of the issue of service connection for a back disorder is dismissed due to an impermissible concurrent election.

The Board has remanded the claims for service connection due to a duty to assist error, requiring additional medical opinions on whether the Veteran's disabilities are aggravated by his service-connected conditions.

The Veteran's spine disability and left lower extremity radiculopathy were evaluated at a 10 percent rating, which is the maximum schedular evaluation available for these conditions.

The Board has denied the Veteran's claims for service connection for right knee condition, left knee condition, and low back pain. The decision is based on a lack of current diagnoses or evidence linking these conditions to service.

The Veteran's back disability is rated at 40 percent, which is the maximum allowed under current criteria.,The Veteran's right toe metatarsalgia is currently rated at 10 percent and cannot be rated higher based on the provided evidence.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected primary insomnia disorder, right shoulder ac joint and glenohumeral joint degenerative joint disease, degenerative joint and disc disease, lumbosacral spine with compression deformity and degenerative arthritis, left knee retropatellar pain syndrome, right knee retropatellar pain syndrome, s/p left elbow sprain, left middle finger proximal interphalangeal joint dislocation, and right wrist s/p scapholunate ligament tear. As such, the Veteran's claim for service connection is granted.

The Veteran's TDIU and DEA eligibility are granted as of February 24, 2015. Her back disability alone is sufficient to meet the criteria for a TDIU at that time. The Veteran's psychiatric condition with alcohol use disorder meets the criteria for a 70% rating since February 24, 2015.

The Veteran's service-connected disabilities, including thoracolumbar spine arthritis with degenerative disc disease, acquired psychiatric disorder including unspecified depression, and sleep apnea, combine to a 70 percent rating. The Board finds the evidence in balance as to whether these conditions prevent the Veteran from obtaining or retaining substantially gainful employment.

The Veteran's lumbar spine degenerative arthritis is granted service connection based on continuity of symptoms since service. Service connection for chronic fatigue syndrome is denied as there was no current diagnosis at any time during the pendency of the claim.

The Board has remanded the claims for service connection due to insufficient medical opinions and potential duty-to-assist errors. The Veteran's back disability is being reviewed, along with his bilateral lower extremity radiculopathy.

The Veteran's claims for service connection for left and right knee conditions, left and right hip conditions, as well as a low back disability have been dismissed. Service connection has been granted for peripheral neuropathy of the bilateral lower extremities due to Agent Orange exposure.