Back / lumbar spine Board decisions

The Board has determined that the Veteran's current back disorders, scoliosis, and degenerative disc disease are not etiologically related to his service. As such, the claim for service connection is denied.

The Board has determined that there are duty to assist errors in the rating decisions on appeal for hearing loss, tinnitus, neck disability, back disability, and sleep disability. The issues of service connection for these conditions will be remanded for further development.

The Board has remanded the claim of service connection for a back disability due to inadequate examination and opinion regarding the etiology of the Veteran's claimed condition.

The Board has denied service connection for traumatic brain injury residuals and obstructive sleep apnea, but has remanded the claim for lumbosacral strain due to insufficient evidence.

The Board denied service connection for depression, left foot cold injury residuals, right foot cold injury residuals, lower back condition, and neck condition as secondary to a low back condition due to lack of evidence linking these conditions to service.

The Veteran's appeal challenging recoupment of disability severance pay is dismissed as moot due to the AOJ acknowledging that his disability was combat-related and thus exempt from recoupment.

The Veteran's claim for service connection for COPD was denied, but the decision to grant service connection for lumbar spine degenerative disc disease is upheld. The heart disability issue has been remanded.

The Veteran's appeals for increased ratings and service connection have been dismissed. The Board has also remanded the claims for chronic kidney disease and an increased rating for chronic epididymo-orchitis.

The Board has remanded the case due to pre-decisional duty to assist errors and a need for an adequate medical opinion regarding the nature and likely etiology of the Veteran's back condition.

The Board has found that the VA medical opinions are inadequate and remands the case for additional examinations to address the etiology of the Veteran's claimed conditions, including L5-S1 and C3-C7 degenerative disc disease, lumbar scoliosis, lumbar spondylosis/osteoarthritis, and spinal cord impingement.

The Veteran's lumbosacral, cervical, right shoulder, and left shoulder strains have been granted service connection.,Further evaluations are needed to determine the nature of any arm disabilities.

The Veteran's service-connected disabilities have rendered him unemployable since October 26, 2018. An effective date of this day is granted for the award of TDIU.

The Veteran's TDIU claim is a continuation of her increased rating claim for back disability, which was granted on November 20, 2015. The Board finds that the evidence shows she has been unable to work due to her service-connected disabilities since then.

The Veteran's right ear hearing loss is not related to his service noise exposure.,The Veteran's DM II was not incurred in service.,The Veteran's left foot hallux valgus (post-surgery left foot bunionectomy residuals) was not incurred in service.,The Veteran does not have a diagnosed psychiatric disability, to include PTSD, depression, anxiety, and problems sleeping.,The Veteran's lower back pain was not incurred in service.

The Board denied the Veteran's claims for higher ratings for her cervical spine spondylosis and thoracolumbar spondylosis, finding that the evidence did not meet the criteria for a rating higher than 20 percent.

The Veteran's lumbar spine disability was rated at 40 percent prior to January 24, 2020, excluding from October 13, 2017, to February 1, 2018. The Board is remanding the case due to a duty to assist error regarding non-VA medical records.

The Veteran's lumbar spine disability is rated at 60 percent since February 9, 1972. The Board has now granted a 100 percent rating for the entire period on appeal due to unfavorable ankylosis of the entire spine.

The Board has granted an earlier effective date of January 7, 2020 for the Veteran's cervical strain disability rated at 30 percent.

The Board has determined that there was a duty to assist error and remanded the claims for service connection for lumbar degenerative disc disease with arthritis and bilateral hearing loss due to noise exposure during active military service.

The Veteran's claims for increased ratings and service connection have been remanded due to pre-decisional duty-to-assist errors. The AOJ is required to correct these errors by obtaining additional medical opinions, creating an Individual Longitudinal Exposure Record (ILER), and scheduling the Veteran for examinations.