Back / lumbar spine Board decisions

The Board has granted service connection for the Veteran's injury to his right hand, index finger. The other claims have been dismissed due to withdrawal by the Veteran.

The Board has granted service connection for left lower extremity radiculopathy as secondary to the Veteran's service-connected lumbosacral strain.

The Veteran's back disability is rated at 40 percent effective February 23, 2021. The Board found that the Veteran's symptoms prior to July 20, 2021, more nearly approximated the severity level for a 40 percent rating.

The Board has denied the Veteran's claim for service connection for chronic pain lower back, finding that there is no evidence to support a link between his current condition and his military service.

The Board has remanded the case due to a duty to assist error, requiring a new VA examination and opinion regarding the etiology of the Veteran's low back disability.

The Veteran's low back disorder is granted as secondary to his service-connected bilateral ankle strains.,The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder, alcohol use disorder, and anxiety disorder. The effective date for this grant is September 30, 2021.

The Board has remanded the cases for further development and examination, as there were pre-decisional duty to assist errors. The Veteran's claims for service connection are not granted.

The Board has decided to remand the Veteran's claims for cervical spine, lumbar spine, and bilateral upper extremity radiculopathy disabilities due to a pre-decisional duty to assist error. The AOJ must schedule the Veteran for VA examinations and obtain etiology opinions.

The Veteran's claim for an effective date earlier than May 4, 2021 for the award of service connection for unspecified bipolar and related disorder was denied. The claims for increased ratings for radiculopathy of the left lower extremity from May 20, 2019 to May 20, 2021 were also denied.

The Veteran's disability ratings for degenerative arthritis of the lumbar spine and tension headaches were improperly reduced. The Board has reinstated these ratings to their original levels, effective August 1, 2022.

The Board has dismissed all pending appeals due to the Veteran's withdrawal of his claims prior to a final decision.

The Veteran's lumbosacral strain is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.,For tension headaches (claimed as ocular migraines), the evidence does not support a compensable rating during either appeal period.

The Board granted service connection for various conditions, including lumbar spine disability and bilateral knee condition. The Veteran's obesity was not found to be a compensable disability. Service connection was denied for jaw condition, skin condition (claimed as athletes' foot), bilateral hearing loss, ED secondary to PTSD, TBI, migraine headaches, residual scar of the head/scalp, scar of the lower back, and right shoulder and right foot scars.

The Veteran's appeals for lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy were dismissed as the Veteran withdrew his appeals.,The Veteran was granted service connection for a gastrointestinal disorder (achalasia with esophageal stricture status-post dilation with GERD) due to herbicide agent exposure.

The Board has decided to remand the case due to inadequate medical opinions and a need for further examination.

The Veteran's appeal centers on his request for an earlier effective date for the additional dependency compensation he receives for his spouse, children, and stepchildren. These benefits are available to all Veterans with qualifying dependents who are in possession of at least a 30 percent combined disability rating.,The Board denied the Veteran's claims as there was no good cause presented to extend the one-year requirement to submit the additional dependency compensation claim.

The Board has remanded the claims for service connection for left shoulder and back disabilities due to a pre-decisional duty to assist error. The Veteran's tinnitus claim is granted.

The Board has denied the Veteran's claims for service connection for a neck condition, pes planus of the right foot, and back condition. The appeal is remanded for further development regarding these issues.,The Veteran's claim for service connection for heart condition was also remanded due to duty-to-assist errors.

The Veteran's claim for bilateral hearing loss is denied as he does not have a disability as defined by VA.,The Veteran's claim for lower back disability is denied due to the lack of a current diagnosis.,The Veteran's claim for tinnitus is remanded and requires an addendum opinion from an appropriate clinician.

The Board denied the Veteran's claim for special monthly compensation based on aid and attendance (SMC A&A) due to a lack of evidence showing that his service-connected disabilities rendered him so nearly helpless as to require regular aid and attendance from another person.