Back / lumbar spine Board decisions

The Board has decided to remand the claims for service connection for an acquired psychiatric disorder, a heart disability, GERD, and a lower back disability due to new evidence being submitted. The AOJ will attempt to obtain the appellant's Air National Guard service treatment records.

The Veteran's left lower extremity radiculopathy is granted a 20 percent rating from June 9, 2016, and a 40 percent rating from October 23, 2018. The Veteran's lumbar myositis does not warrant a higher than 40 percent rating. Service connection for tinnitus is denied. From March 16, 2016, the Veteran meets the criteria for TDIU and SMC based on housebound status.

The Board has remanded the case due to a duty to assist error in obtaining an adequate VA opinion regarding the relationship between the Veteran's sleep apnea and his service-connected disabilities, particularly chronic sinusitis and orthopedic conditions.

The Board dismissed the Veteran's claims for service connection of left hip arthritic disorder, lumbar spine disorder, and sciatica as secondary to pes planus due to his death.

The appeal regarding the proposed reduction of the rating for service-connected left knee meniscal tear with ACL tear from 20 percent to 10 percent disabling is dismissed. The issue of entitlement to service connection for degenerative disc disease of the thoracolumbar spine remains on appeal.

The Board has granted service connection for a lumbar back disability, finding that the Veteran's current condition is at least as likely as not related to his active-duty service and that there is continuity of symptoms since service.

The Veteran's service-connected conditions, including PTSD and prostate cancer residuals, rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's post operative fracture lumbar spine with chronic low back pain was granted a 20% evaluation from July 7, 2009 to June 2, 2016. Prior to that date, the Veteran received a 10% evaluation.

The Veteran's claims for increased ratings for depressive disorder and back disability are being remanded due to the failure to obtain VA treatment records from Oklahoma VA Healthcare System, Dr. L.M., and Oklahoma Physical Therapy prior to issuance of the rating decision on appeal.

The Board finds that the Veteran's substantive appeal as to the September 2014 SOC was timely filed, resolving all reasonable doubt in her favor. The issues of increased ratings for PTSD and lumbar strain were granted.

The Board has granted service connection for a lumbosacral strain on a direct basis, finding that the Veteran's credible lay accounts and consistent symptoms outweigh any negative medical opinions. The decision is based on reasonable doubt being resolved in favor of the Veteran.

Your appeal for a higher rating for your lumbar disorder has been dismissed due to the Veteran's death. The Board cannot issue a decision on this matter as it is no longer pending.

The Board has determined that the AOJ decision on appeal is not complete and requires additional evidence to support the Veteran's claims for service connection. The Veteran's bilateral pes planus, right knee condition, left knee condition, lumbar spine condition, and left hip condition are all being remanded for further examination and opinion.

The Board has remanded the issues of entitlement to an earlier effective date for TDIU and Dependents' Educational Assistance due to a pre-decisional error in the March 2021 rating decision.

The Board has granted service connection for right knee, left knee, back, right foot, and left foot conditions based on the Veteran's active-duty service.

The Board has remanded the case due to inadequate etiology opinions and a new theory of causation raised by the Veteran's representative.

The Board has decided to remand the Veteran's claim for a cervical spine disability, as it found that there was a pre-decisional duty to assist error due to an inadequate VA examination. The case will be returned to the AOJ for further action.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's representative withdrew the appeal for service connection of chronic low back pain, citing a mistake in submission.

The Board has remanded the claims for service connection of a lower back condition and a right knee condition due to the lack of VA examinations, which were necessary given the Veteran's lay statements and unobtainable service treatment records.