Back / lumbar spine Board decisions

The Veteran withdrew his appeal before the Board could make a decision on his claim for service connection for a back disorder.

The Veteran's service-connected disabilities, including epilepsy, prostate cancer, and lumbar DDD, necessitate the need for regular aid and attendance from his spouse. The Board has granted SMC based on this need.

The Board denied the Veteran's claim for service connection for a back disability, finding that there is no persuasive evidence to support a finding that the disability was caused by service or a service-connected condition.,The Board also denied the Veteran's request for a rating in excess of 50 percent for his psychiatric disability.

The Veteran withdrew his appeal before the Board could make a decision on the claims. The Board dismissed the appeal as a result.

The Veteran's claims for higher initial ratings for thoracolumbar strain, left lower extremity radiculopathy, and right lower extremity radiculopathy from July 2, 1992 are being remanded due to a pre-decisional duty to assist error.

The Board has remanded the Veteran's claims of service connection for lumbar spine disorder and obstructive sleep apnea due to conflicting evidence regarding their etiology.

The Board has granted service connection for left knee tendonitis and remanded the issues of service connection for right knee disability and lumbar strain.

The Board has granted service connection for lumbar facet joint arthropathy, degenerative disc disease, foraminal/lateral recess central stenosis, degenerative spondylolisthesis, spondylolysis/isthmic spondylolisthesis and intervertebral disc syndrome, as well as right lower extremity sciatic radulopathy and left lower extremity sciatic radulopathy. These conditions are found to be related to the Veteran's active duty service.

The Veteran's claims for increased ratings and service connection were denied. The right knee disability was not rated higher than 10 percent, the right knee scar did not meet criteria for a compensable rating, and there was no evidence of left forearm or right forearm disorders. Service connection was denied for right shoulder disorder, lumbar spine disorder, and right foot disorders (flat foot, hallux valgus, hammer toe). Tinnitus was presumed to have been incurred in service.

The Board has remanded the claims for service connection for low back, right elbow, and right shoulder disabilities due to inadequate VA opinions. The initial rating claim for migraine headaches is also remanded.

The Board has dismissed the appeals for right knee pain, low back pain, bilateral pes planus, and left knee pain as the Veteran withdrew his appeal prior to a decision.

The Board has denied the Veteran's claims for service connection for right knee, left knee, and back disabilities on a direct basis only due to lack of evidence showing these conditions began during her active duty or are related to an in-service injury.

The Veteran's left ear hearing loss is granted, but his right ear hearing loss and right shoulder disability are denied. The Veteran's right clavicle, scapula, AC joint and sternoclavicular joint conditions are granted a 20 percent rating, while allergic rhinitis, plantar fasciitis of the left foot, left knee strain, right knee strain, bilateral hip disability, and low back disability are denied.

The Board has granted service connection for a lumbar spine disability as secondary to the Veteran's service-connected right ankle disability.,However, the Board has also remanded the issue of service connection for a right hip strain as secondary to her service-connected right ankle disability due to inadequate medical opinions.

The Veteran's service-connected lumbar spine disability is sufficient to show that he was unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities throughout the entire period on appeal, and therefore entitlement to TDIU is granted.

The Board has granted an effective date of May 15, 2013 for the Veteran's TDIU and DEA benefits claims based on continuous pursuit of his claim since May 15, 2013. The effective dates are fixed in accordance with the facts found.

The Board has remanded the claim of entitlement to service connection for sleep apnea, as it is unclear whether obesity caused or aggravated the Veteran's sleep apnea and if any medications used to treat his service-connected disabilities contributed to his condition.

The Veteran's appeal is remanded for further examination and opinion regarding his service-connected disabilities, as well as the relationship between his current conditions and military service.

The Veteran's service connection claim for bilateral hearing loss is denied as there is no evidence of a current disability.,Service connection for tinnitus is granted based on the presumption that it was incurred in service.

The Board denied the Veteran's claim for service connection for a back disability, finding that he does not have a current diagnosis of such a condition and thus cannot establish service connection.