Back / lumbar spine Board decisions

The Board has dismissed the appeals for service connection for obstructive sleep apnea and degenerative disc disease and arthritis of the lumbar spine due to the Veteran's death.

The Board has remanded the claims for service connection due to inadequate VA examinations and failure to consider all relevant evidence. The Veteran's PTSD, back disability, bilateral foot disability, cervical strain, left knee condition, right parapatella tendonitis and patellar tendonosis (claimed as knee condition), left shoulder tenosynovitis, and sleep apnea are being reviewed.

The Board has dismissed the Veteran's appeals for earlier effective dates because the VA Form 10182 Decision Review Request: Board Appeal (NOD) was not timely or valid, and thus did not comply with claims-processing rules.

The Board has remanded three issues related to the Veteran's service-connected migraines and cervical spine degenerative disc disease. The fourth issue regarding special monthly compensation is also remanded for proper notice.

The Veteran's claims for increased ratings were granted effective January 12, 2020.,Effective dates prior to January 12, 2020 are not warranted for the assigned disability ratings.

The Board has granted service connection for lumbar spondylosis, finding that the current disability is related to a back injury sustained during Reserve service in July 2008.

The Veteran's appeal for special monthly compensation (SMC) based on need for aid and attendance or housebound status was denied because the evidence did not demonstrate a factual need for such benefits due to his service-connected disabilities. The Board found that the majority of the Veteran's need for assistance stemmed from non-service connected conditions.

The Board has decided to remand the case due to inadequate examination and failure to address the aggravation prong of secondary service connection. A new VA examination is needed to determine if the Veteran's back disability is caused by or aggravated by his previously service-connected disabilities, including right knee and left ankle disabilities.

The Board denied the Veteran's requests for earlier effective dates for service connection of various conditions, finding that no claim was submitted within one year of her discharge from active duty or prior to February 22, 2021.

The Veteran's cervical spine disability, rated at 30 percent prior to the decision, is now granted a 60 percent rating due to incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Board has remanded the claims for service connection due to insufficient evidence regarding the relationship between the Veteran's lumbar spine degenerative disc disease and his active-duty service. The issues of bilateral lower extremity radiculopathy are also being remanded as they are inextricably intertwined with the issue of lumbar spine degenerative disc disease.

The Veteran's claim for an earlier effective date of February 22, 2008, for the award of special monthly compensation (SMC) based on the need for regular aid and attendance is granted. The Board found that the Veteran has needed regular aid and attendance since at least February 22, 2008.

The Veteran's claim for an increased initial rating for his back disability is being remanded due to a duty to assist error in the previous examination.

The Veteran's claims for increased ratings and service connection for various hip disabilities, leg pain, knee disabilities, and lumbosacral strain with degenerative disc disease have been denied. The Board found no evidence of current hip or leg disabilities at the time of the appeal.

The Board has granted service connection for a back disability as secondary to the Veteran's service-connected left knee disability, finding that the current back disability is due to or aggravated by the left knee disability.

The Veteran's thoracolumbar scoliosis and lumbar degenerative disc disease, facet arthropathy, and foraminal stenosis are currently rated at 20 percent disabling. The Board has remanded the case for further development.

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent disabling, effective June 26, 2019. The appeal for a higher rating has been denied.

The Veteran's claims for increased ratings and earlier effective dates were denied. The decision does not specify the exact reasons for denial, but it is clear that the Veteran did not meet the criteria for higher ratings or earlier effective dates.

The Board has determined that the Veteran does not meet the criteria for service connection for erectile dysfunction due to a lack of current disability diagnosis.,For his low back disability, the Board finds that he is entitled to a 10 percent rating based on Diagnostic Code 5242.

The Board has denied the Veteran's claims for service connection for a right knee disability, low back disability, and gastrointestinal disability (GERD) as secondary to his right knee and back disabilities. The Board found that there is no nexus between the current disabilities and active service.