Back / lumbar spine Board decisions

The Board has granted service connection for obstructive sleep apnea, degenerative arthritis thoracolumbar spine, left hip degenerative arthritis, and right hip degenerative arthritis on a secondary basis to the Veteran's service-connected disabilities.,The decision also remanded the claim for entitlement to service connection for skin cancer.

The Board has remanded the claims for service connection for right knee disorder, left knee disorder, and back disorder due to insufficient evidence. The Veteran's dyshidrotic eczema claim remains denied.

The Board denied service connection for a lumbosacral strain and traumatic brain injury (TBI) as there is no probative medical evidence indicating these conditions were incurred in or are related to the Veteran's military service.

The Veteran's claims for service connection for a left knee disability, bilateral hearing loss, an antibiotic resistant system, and a lumbar strain were denied due to lack of new and relevant evidence. The claim for service connection for glandular cysts (also claimed as whole body glandular infection) was granted due to the submission of new and relevant evidence.

The Veteran's claim for an increased disability evaluation in excess of 20 percent prior to April 26, 2021, and in excess of 40 percent thereafter for service-connected intervertebral disc syndrome (IVDS) with lumbosacral strain and scoliosis is being remanded due to the need for additional development. Specifically, a VA examination is required to assess the current severity of the Veteran's lumbar spine disability, including during flare-ups, and to determine whether there is functional ankylosis.

The Veteran's claims for increased ratings and service connection are remanded due to missing National Guard records and the need to obtain SSA disability benefits and DFAS records.

The Veteran's service-connected disabilities do not meet the requirements for a higher rate of special monthly compensation (SMC) than that provided under 38 U.S.C. § 1114(l).

The Board has granted service connection for plantar fasciitis, diabetes mellitus type 2, hypertension, right knee osteoarthritis, left knee osteoarthritis, and radiculopathy of the lower extremities. Service connection was denied for lumbar spine disorder and bowel and bladder disorders.

The Board has denied service connection for insomnia, migraine headaches, a right eyelid scar, OSA, a right shoulder disability, a left shoulder disability, a low back disability, right lower extremity radiculopathy or neuropathy, and left foot plantar fasciitis as there is no evidence of current disabilities or in-service incurrences or aggravations.

The Board has dismissed the appeals for service connection of left shoulder strain, lumbosacral strain, and left knee strain. Appeals for high blood pressure, foot condition (including foot fungus), and erectile dysfunction were also dismissed due to a duplicate appeal docket.

The Veteran's claims for a higher rating for lumbosacral spine disability and service connection for tinnitus are remanded due to duty-to-assist errors.

The Board denied the Veteran's claims for service connection for lumbar spine disabilities and peripheral nerve disabilities affecting his upper and lower extremities, finding that there was no persuasive evidence to support a nexus between these conditions and his active service.

The Board has granted service connection for low back pain noted as osteopenia by x-ray, finding that the Veteran's disability was incurred during a period of INACDUTRA and resolving all doubt in her favor.

The Board denied an effective date prior to July 30, 2020 for the grant of service connection for erectile dysfunction as secondary to service-connected degenerative joint disease of the lumbosacral spine with bilateral neuroforaminal stenosis and SMC based on loss of use of a creative organ.

The Board denied the Veteran's request for an earlier effective date of January 18, 2021, for a 20 percent evaluation for his low back condition. The persuasive weight of the evidence supports that the criteria for this rating were not factually ascertainable until January 18, 2021.

The Veteran's claim for service connection for a thoracolumbar spine condition, claimed as lumbar strain, is being remanded due to the need for a VA examination and medical opinion regarding the etiology of his back disability.

The Board has denied the veteran's claims for service connection for low back disorder, right knee disorder, and left knee disorder due to a lack of evidence linking these conditions to his military service.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. The Board finds that the evidence does not meet the criteria for a rating higher than 40 percent due to lack of unfavorable ankylosis.,The VA examination report regarding bilateral lower extremity radiculopathy was inadequate and must be remanded to obtain a new evaluation.

The Board has remanded the issues of service connection for a thoracolumbar spine disorder, obstructive sleep apnea, and PTSD due to conflicting medical opinions and outstanding treatment records.

For the entire period on appeal, the Veteran's lumbosacral strain disability has not met the criteria for a higher initial rating.,For the entire period on appeal, the Veteran's left knee strain disability has not met the criteria for a higher initial rating. However, a separate 10 percent evaluation is granted for left knee instability.