Back / lumbar spine Board decisions

The Board denied the Veteran's claim for service connection for a thoracolumbar (back) disorder, finding that there is no evidence of a relationship between his current back condition and his military service.

The Veteran's claims for increased ratings for lumbar spine degenerative disk disease, left lower extremity radiculopathy, and right lower extremity radiculopathy were denied. The VA determined that the Veteran's conditions did not warrant a rating in excess of 20 percent for his lumbar spine condition or any initial rating above 10 percent for either lower extremity radiculopathy.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected back disability, with obesity serving as an intermediate step. The decision is based on a private medical opinion that found the Veteran's sleep apnea was caused by his obesity, which in turn was caused by his service-connected back disability.

The Veteran's claim for an earlier effective date for TDIU and a higher rating for his back disability is denied. The Board found that the Veteran maintained substantially gainful employment until he stopped working in March 2020, which supports the current effective date of June 19, 2020.

The Veteran withdrew his appeal before the Board could make a decision on his claim for an increased rating for lumbosacral strain with degenerative arthritis.

The Veteran's low back disability is now rated at 40 percent effective January 29, 2019. The left lower extremity sciatic radulopathy remains rated at 10 percent.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claim of service connection for a right knee disorder. The claims of service connection for fibromyalgia, sciatica, lower back disability, left hip disorder, and right hip disorder are also remanded.

The Veteran's ratings for chronic lumbosacral strain and painful scar were restored to their previous levels from November 4, 2019, to December 31, 2020.

The Board has remanded the Veteran's claims for service connection for back condition, left lower extremity radiculopathy, and right lower extremity radiculopathy due to incomplete records and inadequate examination.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's current lumbar spine disorder and an in-service jet ski accident. The Veteran will need a new examination to assess this issue.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and potential toxic exposure. The claims will be reviewed with consideration of any TERA at Fort McClellan.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, wrist disability, lower back disability, shin splints, foot disability (including tinea pedis), and hip disability are remanded due to inadequate VA examinations. The Veteran is presumed competent to report his symptoms and continuity of symptoms since service.

The Board has dismissed the appeals for service connection for various conditions due to the Veteran's death during the appeal process.

The Veteran's PTSD and associated mental health disabilities have been manifested by impairment with deficiencies in most areas including work, family life, judgment, thinking, and mood. The Board denied the claim for a disability rating greater than 70 percent for PTSD but granted entitlement to total disability based on individual unemployability (TDIU).

The Veteran's low back disability is granted as service-connected.,An earlier effective date of July 16, 2018, but not earlier, for the grant of service connection for migraine headaches is granted.

The Board has granted an earlier effective date of July 19, 2008 for the grant of extraschedular total disability based on individual unemployability and basic eligibility to Dependents' Educational Assistance based on permanent and total disability status.

The appeals for service connection and ratings related to various conditions have been dismissed due to the Veteran's death.

The Veteran's appeal for lumbar radiculopathy, claimed as bilateral neuropathy of the lower limbs, has been dismissed. The appeals for left and right arm conditions are remanded.

The Board has granted effective dates of February 21, 2020 for the service connection of various conditions including left quad tendon tear, major depressive disorder, intervertebral disc syndrome with spinal stenosis, thoracolumbar spine, radiculopathy of the right lower extremity, tinnitus, surgical scar, degenerative arthritis of the cervical spine status post C5-C7 ACDF with residual IVDS, radiculopathy of the right upper extremity, radiculopathy of the left upper extremity, and residual neck scar. The effective dates are based on the Veteran's timely filed claims within one year of his intent to file.

The Board dismissed the appellant's appeals for increased disability ratings and service connection due to his withdrawal of these claims prior to the decision being finalized.