Back / lumbar spine Board decisions

The Board has dismissed the Veteran's claims for service connection for a right rib condition and denied his claim for service connection for low back pain. The Board found that there was no valid appeal for the right rib issue due to the lack of an AMA rating decision, and that the low back pain claim is not supported by evidence showing it began during or was aggravated by service.

The Veteran's claims for increased disability ratings and effective dates are being remanded due to the need for additional medical examinations.

The Board has granted the Veteran's waiver of recovery of overpayment of VA disability compensation benefits in the amount of $5,578.26 due to financial hardship and unjust enrichment.

The Veteran is granted a 20 percent initial disability rating for his lumbar strain, effective from August 16, 2014.

The Board has determined that there were duty to assist errors prior to the January 2022 decision on appeal and thus remanded for further development, including obtaining treatment records and affording the Veteran a new VA examination.

The Board has remanded the claims for service connection for bilateral pes planus, right shoulder strain, and back disability due to unresolved issues.

The Veteran's claims for effective dates prior to October 4, 2021, for service connection were denied as the records added after the May 1972 rating decision are not relevant to his claim.,The Veteran's claims for effective dates prior to December 1, 2021, for service connection were denied as the records added after the May 1972 rating decision are not relevant to his claim.

Service connection for tinnitus and vertigo has been granted, while service connection for TBI, sleep apnea, low back pain arthritis, radiculopathy of the right lower extremity (claimed as neuropathy), radiculopathy of the left lower extremity (claimed as neuropathy), right knee pain arthritis, left knee pain arthritis, right shin splints, left shin splints, right elbow and arm pain arthritis, left elbow and arm pain arthritis, right wrist pain arthritis, left wrist pain arthritis, right shoulder pain arthritis, left shoulder pain arthritis, right hip pain arthritis, left hip pain arthritis, right foot pain arthritis, and left foot pain arthritis have been denied.,Service connection for a left index finger arthralgia has been granted with an effective date of November 12, 2008. Service connection for lateral collateral ligament sprain and degenerative arthritis of the right ankle has been granted with an effective date of July 12, 2021.

The Board has denied the Veteran's claims for service connection for right leg pain and a right ankle condition, chronic pain in the left hip and leg, IBS, and seborrheic dermatitis. The claim for headaches was granted.

The Veteran withdrew their appeal for service connection of a back condition, so the case is dismissed.

The Board found that the Veteran did not suffer from additional disability due to any perceived delay in the authorization of spine surgery in 2002, and that any disability was not proximately due to VA's carelessness or negligence.

The Veteran's claims for beneficiary travel expenses were denied because they were not submitted within the required 30-day filing deadline, despite a previous suspension of the deadline due to the COVID-19 emergency.

The Board has denied the Veteran's claim for service connection for sleep apnea as secondary to his service-connected degenerative disc disease of the lumbar spine, finding that there is no probative evidence linking the two conditions.

The Veteran's disability ratings for service-connected status post lumbar spine fusion and sciatic nerve, left lower extremity, were improperly reduced. The 40% rating for the former and the 10% rating for the latter are restored.

The Board has remanded the claims for service connection due to insufficient evidence and a duty to assist error. The Veteran's back condition may be related to his active duty service, but more development is needed. For PTSD, there are inconsistencies in when the disability began that need clarification.

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation since June 1, 2013.,Basic eligibility for Dependents' Educational Assistance benefits arose on June 1, 2013.

The Board has decided to remand the Veteran's claim of service connection for spinal stenosis with degenerative disc disease due to insufficient evidence regarding the onset and progression of his condition during periods of active duty training. A VA examination is needed to address these issues.

The Board has dismissed all increased rating claims and the special monthly compensation claim due to the Veteran's death.

The Veteran's service connection claims for low back pain with bilateral pars defect, mixed type adjustment disorder with depression and anxiety, left hand thenar tendonitis, and right hand thenar tendonitis are granted as of December 11, 2017.

The Board has remanded the Veteran's claims for service connection for bilateral flat foot (pes planus) and plantar fasciitis, as well as a lumbar spine condition. The AOJ will consider new evidence in their adjudication of these claims.