Back / lumbar spine decisions — 2024

The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation, warranting a TDIU on an extraschedular basis.

The Board has decided to remand the case due to the need for additional medical opinions regarding service connection for obstructive sleep apnea (OSA). The opinions are needed to determine if OSA is caused or aggravated by asthma, and whether obesity/weight gain is a substantial factor in causing OSA. Additionally, the examiner must consider all lay evidence, including the Veteran's statements.

The Board has remanded the Veteran's claim for a VA examination to determine if his current back disability is related to service or preexisting asymptomatic scoliosis, and whether any increase in severity during service.

The Board has remanded the case to refer the issue of TDIU prior to June 22, 2012 for extraschedular consideration. The Veteran's service-connected disabilities do not meet schedular requirements for TDIU but may warrant referral for extraschedular review.

The Veteran's cervical spine disorder is rated at 40 percent effective November 6, 2017. The right ankle disorder is rated at 20 percent effective March 23, 2020.

The Board has denied earlier effective dates for TDIU, DEA, and SMC for housebound status. The claim for SMC based on the need for aid and attendance is remanded to obtain a medical opinion.

The Board has remanded the Veteran's claims for low back disability, left knee disability, right ankle disability, kidney disease, heart disease, bilateral hearing loss, tinnitus, and acquired psychiatric disorder due to inadequate efforts in scheduling VA examinations.

The Board has remanded the Veteran's claims for service connection for various foot, hip, and knee conditions due to incomplete records and inadequate examination opinions. The Veteran is seeking service connection for these conditions on the basis that they were aggravated by active duty service.

The Board has granted service connection for cervical spine arthritis, lumbar spine arthritis, left knee arthritis, right leg radiculopathy, and left leg radiculopathy.,All issues related to these conditions have been resolved in the Veteran's favor.

The Veteran's claims for service connection have been granted.,Further evaluations or determinations are needed on the issues of low back disability, Meniere's disease, sleep apnea, and kidney disability.

The Board has denied the Veteran's claims for service connection for right ankle disorder, left ankle disorder, low back disorder (chronic lower back pain), and right lower extremity disorder (restless leg syndrome) as there is no evidence of a nexus between these conditions and his active duty service.

The Veteran's left knee disability, diagnosed as left knee osteochondral defect, is granted service connection. The low back disorder and neck disorder are denied service connection. Service connection for the sleep disorder (to include sleep apnea) is remanded.

The Board has remanded the cases for further development to obtain missing service treatment records and for medical opinions regarding the Veteran's low back and left knee disabilities.

The Board has granted service connection for a lumbar disorder (lumbar strain) and headaches, finding that these conditions are secondary to the Veteran's service-connected bilateral knee disorders. The rating assigned is 10%.

The Veteran's appeal of the petition to reopen previously denied claims for service connection and entitlement to an effective date prior to May 21, 2018, for award of increase rating to 70 percent for PTSD is dismissed.,The Board has remanded the issues of entitlement to a rating in excess of 70 percent prior to November 1, 2023, for PTSD and entitlement to TDIU prior to November 1, 2023.

The Veteran's initial 20 percent rating for lumbar strain is granted, and his increased rating for hemorrhoids is denied.

The Veteran's hypertension is granted on a presumptive basis due to the PACT Act. The issues of service connection for IHD, right eye degenerative disease, left eye degenerative disease, and low back disorder are remanded.

Your appeals for service connection on multiple conditions have been dismissed due to the appellant's withdrawal of the appeal.

The Veteran's claims for increased ratings in excess of 10 percent and 20 percent for degenerative disc disease (DDD) of the lumbar spine and cervical spine, respectively, are being remanded due to incomplete records and the need to issue a Statement of Case.

The Board dismissed the appeal for an increased rating for diverticulosis with colon polyps. The claims of service connection for lumbar spine arthritis, right knee disability, kidney condition, and respiratory condition (emphysema, chronic bronchitis, sinusitis) were all reopened due to new and material evidence. Service connection was granted for the respiratory condition under the PACT Act.