Back / lumbar spine Board decisions

The Board has decided to remand the Veteran's claims for service connection due to a failure to provide notice of his right to a hearing prior to an initial decision. The AOJ is instructed to provide such notice and readjudicate the claims based on the record.

The Veteran's claim for an earlier effective date for service connection of a low back condition is denied as the earliest effective date that may be awarded is February 2, 2020.

The Board has remanded the claim of service connection for spondylolisthesis of the spine, to include lumbar spondylolisthesis, due to insufficient medical opinion regarding its etiology.

The Veteran's bilateral hearing loss disability and lumbosacral strain with degenerative arthritis and intervertebral disc syndrome (lumbar spine disability) have been granted service connection. The Veteran's PTSD has also been granted service connection, but the hypertension secondary to PTSD and diabetes mellitus remain pending issues.

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's back disability and its relationship to service or a service-connected condition. The claim will be reconsidered with new evidence.

The Board granted service connection for the Veteran's low back disability, right knee disability, and left lower extremity radiculopathy with effective dates of January 30, 2009.,The Veteran's LLE radiculopathy was associated with his service-connected low back disability.

Your appeal has been dismissed because your Notice of Disagreement was filed after the first one and resulted in a second docket assignment while the Board is addressing the appeal from the determination with which you disagreed under a different and contemporaneous docket.

The Board has granted service connection for lumbosacral spine arthritis (low back condition) and neurogenic bladder disorder, both secondary to the Veteran's service-connected right ankle.

The Board has found new and relevant evidence that the Veteran has a diagnosed low back disability, which may be related to service. The claim is remanded for further examination.

The Veteran's initial compensable rating for left lower extremity radiculopathy is denied prior to May 24, 2019. The appeal period from May 24, 2019, results in a remanded case as the current 10 percent evaluation does not reflect moderate incomplete paralysis.,The Veteran's initial rating for degenerative arthritis of the thoracolumbar spine is also remanded due to procedural errors and the need for an updated VA examination.

The Board has decided that service connection for a chronic low back disorder is denied. The claim for obstructive sleep apnea (OSA) is remanded due to the need for a VA examination and opinion.

The Veteran's back condition is at least as likely as not related to his active-duty service, and the Board has granted service connection for this disability.

The Board has remanded the claim for service connection of chronic back disability due to a duty-to-assist error in the October 2003 VA examination. The Veteran's claim is pending and will be reconsidered with an updated medical opinion addressing causation and aggravation.

The Board has decided to remand the claims for service connection for low back and left ankle disabilities, both secondary to service-connected right knee arthritis. The decision is due to a predecisional error in the duty to assist.

The Veteran's claims for service connection for OSA, a left knee disability, DDD, a bladder condition, and a right shoulder disability are denied.,Service connection is not established for any of the claimed conditions due to lack of current diagnoses.

The Board has granted the Veteran's claim for service connection for lumbosacral strain, finding that a nexus between the current disability and an in-service injury is established. The decision also finds that the reasonable doubt created by the evidence must be resolved in favor of the Veteran.

The Veteran's cervical strain with degenerative disc disease was reduced from 20 percent to 10 percent, but the appeal for restoration of the 20 percent evaluation is granted. The Veteran's left lower extremity radiculopathy (femoral and sciatic nerves) are each rated at 20 percent.

The Board has granted an effective date of April 29, 2014 for the grant of service connection for lumbosacral strain. The Veteran's claim was pending due to new and material evidence submitted within a year of the July 2015 rating decision.

The Veteran's lumbosacral strain with degenerative joint disease, L5-S1, and IVDS was rated at 40% for the period from March 6, 2020, to February 5, 2021. The rating is denied as his disability did not meet criteria for a higher rating.

The Veteran's TDIU from February 23, 2015 to March 6, 2018 is granted and an earlier effective date of February 23, 2015 for the grant of DEA is also granted.