Back / lumbar spine Board decisions

The Board has determined that there was a pre-decisional duty to assist error and the Veteran's claim must be remanded for further development.

The Veteran's claims for left cubital tunnel syndrome, anal cyst/rectal condition, back disability, and left knee disability have all been denied as there is no evidence of their onset during the honorable service period.,Service connection was not granted because the Board found that the Veteran did not meet the criteria for service connection based on a lack of in-service disease or injury, continuity of symptomatology, or a causal relationship to service.

The Veteran's persistent depressive disorder is granted a 70 percent disability rating, effective February 26, 2018. The lumbosacral spine degenerative arthritis with IVDS and spinal stenosis is granted a 40 percent disability rating, effective August 10, 2018.

The Veteran's lumbar spine disability alone rendered him unable to sustain substantially gainful employment from August 10, 2018 and he also had additional service-connected disabilities independently ratable at 60 percent or more. The Board granted special monthly compensation based on aid and attendance/housebound effective August 10, 2018.

The Veteran's claims for service connection and increased ratings have been denied. The effective date of the grants has not been established as they are based on the most recent supplemental claim received.

The Veteran's claim for a higher rating for his service-connected low back condition is being remanded due to the need to obtain private medical records from three providers.

The Veteran's appeals for increased ratings for low back disability and left lower extremity radiculopathy have been dismissed as the issues were already adjudicated by the Board in previous decisions.

The Board has found that there was a pre-decisional error in fulfilling VA's duties and remands the case for adjudication of the motion to revise the November 2014 rating decision on CUE.

The Board has determined that the Veteran's back disability is related to service, and thus service connection for this condition is granted.

The Veteran's back disability and bilateral knee disability were denied as not related to service.,The Veteran's fungus disorder was denied due to lack of a diagnosed condition during or within one year after service.

The Veteran's lumbar degenerative disc and joint disease is rated at 20 percent, the maximum schedular rating for this condition. The ratings for his right lower extremity radiculopathy and left lower extremity radiculopathy are denied.

The Veteran's initial rating for an acquired psychiatric disorder was denied as his symptoms did not meet the criteria for a higher rating.,The Veteran's initial rating for thoracolumbar spine degenerative arthritis was also denied due to lack of evidence showing impairment that would warrant a higher rating.

The Veteran's appeal for service connection was dismissed due to their death before a decision could be made.

The Veteran's appeal for service connection for a low back condition has been dismissed due to the Veteran's request for withdrawal of the appeal.

The Board has granted service connection for the Veteran's back disability, bilateral pes planus, and bilateral plantar fasciitis. The claim for a neck disability is remanded due to inadequate rationale in the prior VA examination.

The Veteran's appeal for an initial rating in excess of 20 percent for lumbosacral strain was dismissed. The Board also remanded the issues regarding service connection for obstructive sleep apnea and bilateral foot disabilities other than pes planus.

The Veteran's lumbar spine disability is rated at 20 percent, and the right and left knee PFS disabilities are each rated at 10 percent. The appeal for a higher rating for the lumbar spine disability is denied.,The appeals for service connection for obstructive sleep apnea, TDIU, and a sleep disorder are granted and remanded respectively.

The Veteran's motion to revise the August 2018 rating decision regarding effective dates and disability ratings was dismissed because the decision had not yet become final at the time of the CUE motion.

The Board has granted an effective date of April 30, 2020 for the award of a 20 percent evaluation for lumbar spine strain with degenerative arthritis.

The Board has remanded the claim for an evaluation higher than 20 percent for a lumbosacral strain with degenerative disease due to inadequate examination findings and failure to comply with Correia v. McDonald, 28 Vet. App. 158 (2016).