Back / lumbar spine Board decisions

The Veteran's low back disability is rated at 40 percent, but the Board finds that it does not warrant a higher rating due to lack of evidence showing unfavorable ankylosis.,The Veteran's left hip disability is rated at 50 percent. The Board found no evidence supporting a higher rating based on severe or marked severity.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's low back disability was aggravated by active duty service. The claim will be returned for further evaluation.

The Board has decided to remand the claims due to a duty-to-assist error and requires further examination for service connection.

The Veteran's claim for an increased disability rating in excess of 10 percent for his lumbar spine disability is remanded due to inconsistencies and incompleteness in the previous VA examination.

The Veteran's bilateral eye refractive error and back disability are not service-connected, as there is no evidence of a superimposed injury or disease during service. The Veteran's current conditions do not meet the criteria for service connection.

The Veteran's claim for an increased rating for lumbosacral strain and degenerative arthritis was granted, with a disability rating of 40 percent effective March 5, 2020. The Board found that the evidence supported this decision based on the March 2020 VA examination.

The Veteran's bilateral hearing loss and tinnitus are granted as service connection for compensation purposes.,Service connection is denied for a sleep disability due to insufficient evidence linking the condition to service.

The Board has determined that a remand is necessary due to the need for an adequate medical opinion regarding the etiology of the Veteran's lumbar spine degenerative disc disease, particularly in relation to his service-connected bilateral knee strain with chondromalacia patella.

The Board has granted service connection for tinnitus, but the other issues (low back condition, left knee condition, right knee condition, and acquired psychiatric disorder) are remanded due to insufficient evidence.,For the low back condition, the Board finds that there is not enough evidence to establish a link between the condition and service. The examiner will be asked to provide an addendum opinion.

The Veteran's urinary incontinence, back disability, and left lower extremity peripheral neuropathy are remanded due to duty-to-assist errors. The issues of service connection for these conditions are related to his service-connected left varicocele.

The Board has determined that new and relevant evidence has been submitted for some claims, but not all. The Veteran's claim of service connection for tinnitus is granted, while the claims for rash (entire body), left ankle disability, migraine headaches, back disability, and pseudofolliculitis barbae (PFB) are remanded due to procedural errors in obtaining medical opinions.

The Veteran's lumbosacral strain is rated at 10 percent, and the Board finds no basis for a higher rating.,The Veteran's left knee strain is rated at 10 percent, and the Board finds no basis for a higher rating.,The Veteran's right knee strain is rated at 10 percent, and the Board finds no basis for a higher rating.

The Board has determined that the Veteran's low back disability, including degenerative disc disease, degenerative arthritis, lumbosacral strain, intervertebral disc syndrome, and retrolisthesis, is related to his service. As a result, service connection for these conditions is granted.

The Board has determined that the VA examinations conducted in June 2021 were inadequate for adjudication purposes and thus remanded to obtain additional opinions regarding the etiology of the Veteran's diagnosed conditions.

The Veteran's service-connected conditions do not meet the criteria for special monthly compensation based on aid and attendance or housebound status due to his physical limitations and combined disability rating.

The Board has remanded the claims for bilateral hearing loss, tinnitus, low back disability, cervical spine disability, right knee disability, left knee disability, right leg disability, and left leg disability due to incomplete service treatment records. The Veteran's service connection claims are being returned for further review with additional examinations.

The Veteran's service connection claims for thoracolumbar spine, left shoulder, and right shoulder disabilities are granted. The claim for obstructive sleep apnea is remanded due to a lack of a VA examination.

The Veteran's claim for special monthly compensation based on housebound status is denied because he does not have a single service-connected disability rated as total (100%) with an additional service-connected disability or disabilities independently ratable at 60%. The Veteran's TDIU was based on multiple service-connected disabilities, not a single disability.

The Board has remanded the Veteran's claims for service connection due to a lack of a VA examination and etiology opinion concerning his lumbar spine disorder. The scar claim is also remanded as inextricably intertwined.

The Board has granted service connection for a back disability, including DDD, arthritis, and a herniated disc, as secondary to the Veteran's service-connected right knee disability. The decision resolves doubt in favor of the Veteran.