Back / lumbar spine Board decisions

The Board has remanded the claims for service connection for low back and right knee disabilities due to a lack of verification of the Veteran's periods of active duty, ADT, or IDT. The AOJ is instructed to verify these dates and provide a memorandum detailing each period of verified military service.

The Veteran's claim for a compensable evaluation for bilateral hearing loss has been denied. The Board finds the evidence does not support a higher rating based on current audiometric test results.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, as he was employed full-time prior to June 8, 2020. The Board finds that TDIU is not warranted based on the single service-connected disability of his back condition.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected back disability, finding that the muscle relaxants used for his back condition aggravate his OSA.

New and relevant evidence has been received for several previously denied service connection claims, including cervical spine condition, ED, left lower extremity tingling and numbness, left upper extremity tingling and numbness, right lower extremity tingling and numbness, right upper extremity tingling and numbness, lumbar spine condition, tension headaches, diabetes mellitus type II, hearing loss, tinnitus, and hypertension. These claims are being remanded for further review.

The Board has granted earlier effective dates of January 11, 2021 for the grant of service connection for various disabilities including an acquired psychiatric disorder and multiple musculoskeletal and neurological conditions.

The Board has remanded the Veteran's claims for low back disability, left hip disability, right hip disability, gastroesophageal reflux diseases (GERD), and migraines due to pre-decisional duty to assist errors. The claims must be readjudicated with further development.

The appeal concerning the service-connected degenerative changes of the thoracolumbar spine is dismissed. The appeals for tension headaches, cervical spine disability, and radiculopathy of right upper extremity are remanded.

The Board has determined that the RO improperly adjudicated the issue of severance of service connection for a back disability. The case is being remanded to consider the proper applicable rules and regulations regarding severance.

The Veteran is seeking an earlier effective date for the grant of service connection for his lumbar spine disability. The Board has decided to remand this issue due to a duty to assist error in not obtaining pre-2000 VA treatment records from the East Orange VAMC.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence in previous VA examinations and conflicting medical opinions. The lower back condition, sciatic radiculopathy of both legs, and their relationship to service are now subject to further review.

The Board has granted service connection for the Veteran's lumbar spine and left knee conditions. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) for the period prior to September 26, 2022, is remanded.

The Veteran's appeals for increased ratings and TDIU have been dismissed as he has withdrawn his appeal.

The Veteran's PTSD, left hand and right hand carpal and cubital tunnel syndromes, left knee meniscal tear, right knee meniscal tear, left shoulder pain, right shoulder pain, left foot pain, right foot pain, migraines, and lumbosacral strain are all granted service connection.,The Veteran's PTSD is related to her military service. The carpal and cubital tunnel syndromes, as well as the knee meniscal tears, shoulder pain, and foot pain are all linked to her service.

The Veteran's service-connected low back disability is granted a rating of 40 percent, but not higher.

The Board has found pre-decisional duty to assist errors in obtaining military personnel and service treatment records from the Veteran's Reserve service, confirming his periods of active-duty, ADT, IDT, and Reserve service, and obtaining SSA records. These claims are remanded for further development.

The Board has found that the VA examinations and medical opinions are inadequate, and thus remanding all claims for further development.

The Veteran's claim for service connection for thoracolumbar spine degenerative arthritis of the spine and IVDS is being remanded due to a pre-decisional error in obtaining an adequate medical opinion. The Board finds that there was insufficient evidence provided by the May 2016 VA examiner, as well as speculative opinions from the private provider.

The Veteran's claims for service connection for degenerative disc disease with facet arthritis on L4-L5 and gastroesophageal reflux disease are granted. The claims for service connection for right knee, left knee, right shoulder, and left shoulder disabilities are denied.