Back / lumbar spine Board decisions

The Veteran's claims for service connection on multiple conditions are being remanded due to inadequate VA examinations and duty-to-assist errors.

Your appeal has been dismissed because the VA Form 10182 received on April 20, 2022 is a duplicate of an earlier form submitted on April 12, 2022. The issues you raised are identical to those in your previous appeal.

The Board has remanded the issues of service connection for right knee strain, left knee strain, lumbosacral strain, and left hip strain due to duty-to-assist errors. The Veteran's claims are being remanded to obtain adequate medical opinions regarding whether his lumbar spine, bilateral knee, and left hip disabilities are caused or aggravated by his service-connected pes planus and bilateral ankle disabilities.

The Veteran's service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment, and the Board denies his claim for a total disability rating based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims of service connection for a spine disorder and an eye disorder due to inadequate medical opinions regarding their etiology. The AOJ will consider any evidence submitted during the higher-level review process.

The reduction of the disability rating for lumbosacral strain with myofascial pain syndrome was not proper, and a 20 percent rating is restored. The issue of service connection for cervical degenerative disc disease with radiculopathy (claimed as neck pain) requires further examination.

The Veteran's claim for a higher rating for migraine headaches was denied.,The reduction of the Veteran's lumbar spine degenerative joint disease with intervertebral disc syndrome from 20 to 10 percent was granted and restored.

The Veteran's claim for a higher rating for his service-connected mechanical lumbar spine strain status post lumbar disc arthroplasty with degenerative arthritis is denied.,The Veteran's claim for an earlier effective date for the grant of a 40 percent rating for his service-connected mechanical lumbar spine strain status post lumbar disc arthroplasty with degenerative arthritis is also denied.

The Veteran's claims for increased ratings for his lumbar spine and bilateral hip disabilities were denied. The Board found that the evidence did not support a higher rating than 20 percent for the lumbar spine disability, and separate compensable ratings (10 percent) were assigned for each hip strain.

The Board has remanded the Veteran's claims for service connection due to a duty to assist error, and will require VA medical examinations to assess the nature and etiology of his back condition, neck condition, and psychiatric disorder.

The Board denied the Veteran's claims for earlier effective dates for his lumbosacral strain and PTSD with depression evaluations, finding that there was no increase in severity of these conditions within one year prior to June 1, 2016.

The Veteran's initial ratings for degenerative arthritis with other intervertebral disc displacement of the lumbosacral region, LLE radiculopathy affecting the femoral nerve, and LLE paresthesia meralgia have been denied as they do not meet the criteria for higher ratings under VA rating criteria.

The Board has denied the Veteran's claims for an earlier effective date and a higher rating for his service-connected lumbar spine disability, finding that the earliest evidence of left lower extremity radiculopathy was on April 28, 2021. The appeal for these issues is dismissed as it was improperly docketed in a separate appeals stream.

The Veteran's claims for service connection have been dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of these appeals.

The Veteran's death was not due to a service-connected disability, and the evidence does not support finding that any service-connected condition contributed substantially or materially to cause his death. The Board denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C. § 1318.

The Board has found a pre-decisional duty to assist error and requires further development for the Veteran's claim of service connection for a back disability.

The Veteran's claim for service connection for left knee disability and a higher rating for his left shoulder disability is granted, effective July 23, 2013. The May 2014 decision denying these claims based on CUE is revised.

The Board has decided to remand the case due to a failure to provide an adequate VA examination and medical opinion related to the Veteran's claim for service connection of his back condition. The Veteran should be provided with a VA examination to determine if there is any link between his current back disability and his military service.

The Veteran's GERD, low back pain, right wrist pain, and sleeping disorder are remanded for further development due to service connection issues.

The Veteran's service connection claim for left ear hearing loss is denied as he does not have a current disability of left ear hearing loss to an extent recognized as a disability for VA purposes.,Service connection has been granted for allergic rhinitis. The Board finds that the evidence does not establish whether the Veteran's current lumbar spine condition is directly related to his active military service.