Back / lumbar spine Board decisions

The Board has remanded the Veteran's claims of service connection for various musculoskeletal conditions, tinnitus, and hearing loss due to potential errors in the previous VA examinations. The claims are being returned for further development.

The Board has decided to remand the case due to the need for additional evidence related to private treatment records.

The Board has decided to remand the case due to a duty to assist error and requires a VA examination for service connection of a back disability.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, which has been granted.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection for a lumbar spine disability and an increased rating for residuals of RLE disability, including consideration of musculoskeletal impairment of the right hip. The case will be remanded to allow for further development.

The Board denied service connection for low back condition, high blood pressure, lower stomach problems, and a disease manifested by acid reflux as there is no competent evidence of these conditions during or approximate to the pendency of the claim.

The Veteran's lumbosacral strain is currently rated at 10 percent, but the Board found that it does not meet or approximate the criteria for a higher rating based on the degree of forward flexion.

The Veteran's claims for increased ratings of his left shoulder and lumbar spine disabilities have been denied. The right hip condition claim has been remanded.

The Veteran's appeal is remanded for additional VA examinations to determine the severity of his service-connected lumbar spine, bilateral lower extremity radiculopathy and bilateral pes planus conditions prior to December 22, 2020.

An effective date of May 9, 2017, and no earlier, is granted for total disability rating based on individual unemployability due to service-connected disabilities (TDIU). An effective date of May 9, 2017, and no earlier, is also granted for entitlement to basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) based on permanent and total disability status.

The Veteran's cervical strain and degenerative disc disease were found to have begun in service and are considered chronic. The Board granted the claim for service connection.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it is at least as likely as not related to his active duty service, including his work as a heavy equipment operator.

The Veteran's timely HLR request for review of the December 2019 SOC is granted, as the incomplete address on the document and the representative's lack of receipt support a finding that the request was timely filed.

The Board has determined that the Veteran's obstructive sleep apnea is etiologically related to service and is secondary to his service-connected depressive disorder, lumbosacral strain, bilateral knee degenerative joint disease patellofemoral syndrome, right shoulder sprain, plantar fascitis, pes planus, and hallux valgus with degenerative changes.

The Board has remanded the service connection claim for a low back disorder due to the Veteran's assertion of injury during active duty and the presence of lumbar spondylosis, lumbar spinal stenosis, and disc disorder with radiculopathy in private treatment records. The claim is being returned for further evaluation.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, which has been granted.

The Board has granted the restoration of SMC at the housebound level, correcting an improper severance decision issued in May 2020.

The Veteran's service-connected disabilities (major depressive disorder, degenerative arthritis of the lumbar spine, and left knee condition) prevent him from obtaining and maintaining substantially gainful employment since he last worked full time in May 2016. The Board finds that his TDIU claim is granted since October 31, 2017.

The Veteran's low back condition and left ear hearing loss are granted as service connected. The Board has remanded the case for an addendum opinion regarding the cause of the left ear hearing loss.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, left shoulder disability, right knee disability, and headaches have been denied. The claim for hypertension is remanded due to the failure to review relevant VA treatment records.,Service connection has not been established for a lumbar spine disability.