Back / lumbar spine Board decisions

The Board has decided to remand the case due to pre-decisional duty-to-assist errors and the need for VA TERA examinations and opinions.

The Veteran's increased disability rating for the service-connected back disability is granted, with a rating of 20 percent. The rating for the foot disability remains at 10% from October 11, 2019 onwards.

The Veteran's appeals for increased ratings and earlier effective dates have been dismissed due to his withdrawal of the appeal. The claims are being remanded for further review.

The Veteran's bilateral pes planus disability has been granted an initial rating of 30 percent.,The Board is remanding the claims for service connection for left knee, right knee, lower back, and sleep apnea disabilities due to pre-decisional duty to assist errors.

The Board denied an earlier effective date for the award of service connection for degenerative disc disease, L5 through S1, status post L5-S1 fusion, as it found that no formal or informal claim was filed prior to November 25, 2013.

The Board has decided to remand the case due to incomplete records, specifically missing service treatment records (STRs) from the Veteran's active-duty period. The VA is instructed to make reasonable efforts to obtain these records and notify the Veteran if they cannot be obtained.

The Board has dismissed the appeals for increased ratings in excess of 40 percent for IVDS with osteoarthritis of the lumbar spine and in excess of 10 percent for left leg radiculopathy, sciatic nerve.

The Veteran's claims for left and right knee instability, tinnitus, bilateral hearing loss, and back condition were denied. The Board found no earlier effective date prior to May 21, 2019, for these conditions as the evidence did not show entitlement arose before that date.,For left and right knee strain with chondromalacia, a rating of 20 percent was granted.

The Board has remanded the claims of service connection for anxiety, a cervical spine condition, depression, a lumbar spine condition, and migraine headaches due to inadequate VA examinations and failure to consider the Veteran's lay testimony regarding in-service injuries.

The Veteran's service-connected disabilities, including a total right shoulder replacement and bilateral inguinal hernias with associated scarring, have rendered him unemployable from September 18, 2009 to February 28, 2013. The Board has remanded the case for referral to the Director of Compensation Services for consideration of an extraschedular TDIU.

The Board has granted the Veteran's claim for service connection for degenerative arthritis with spondylosis Schmorl's node, lumbar spine with thoracic degenerative disc disease, as secondary to his service-connected right femur stress fracture.

The Veteran's lumbar spine condition is rated at 20 percent effective May 25, 2021. The appeal for an earlier effective date for RLE radiculopathy of the sciatic nerve was denied.

The Board has dismissed the Veteran's claims of service connection for tinnitus, bilateral hearing loss, a back condition, and a left foot condition due to their finality.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected degenerative disc disease of the lumbar spine, finding that there is an approximate balance of positive and negative evidence.

The Board has determined that the Veteran's sleep apnea (OSA) is proximately due to or aggravated by his service-connected mental and musculoskeletal disabilities, including weight gain from his service-connected conditions.

The Board has restored the Veteran's original 40% rating for his service-connected degenerative disc disease of the lumbosacral spine, finding that the reduction was improper due to procedural and substantive requirements not being met.

Service connection for asthma is granted. Service connection for memory loss disorder is denied. Entitlement to service connection for left elbow, thoracolumbar spine, right hip, and bilateral knee disorders is remanded.

The Board has determined that the Veteran's claims for increased ratings and service connection are not fully developed, requiring further examination and consideration.

The Board dismissed the appeal for entitlement to service connection for a lower lumbar condition due to a deferred decision. The right knee and acquired psychiatric disorder (including anxiety, short-term memory loss) issues are remanded.

The Veteran's claims for service connection are being remanded due to a duty to assist error and the need to adjudicate secondary service connection for ankle disabilities. The AOJ is instructed to ensure all VA treatment records have been associated with the claims file, and then to adjudicate the secondary service connection claim.