Back / lumbar spine Board decisions

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to her service-connected Persistent Depressive Disorder and Lumbar Strain with Degenerative Disc Disease, finding that obesity resulting from these conditions caused or aggravated her sleep apnea.

The Board has remanded the case due to errors in obtaining evidence and ensuring proper duty-to-assist compliance. The Veteran's lumbar spine disability is being reviewed again for service connection.

The Veteran withdrew his appeal prior to the hearing, leaving no issues for appellate consideration.

The Veteran's claim for an earlier effective date for the grant of service connection for a back disability is denied as the decision was final due to lack of timely appeal.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbosacral spine has been granted with an effective date of March 24, 2020.,The Veteran's claim for a compensable disability rating for bilateral hearing loss disability was denied.,The Veteran's claims for higher ratings for MDD and other specified trauma and stressor related disorder, lumbosacral radiculopathy of the right lower extremity, lumbosacral radiculopathy of the left lower extremity, and service connection for bowel and bladder incontinence were remanded.,The Veteran's claims are being returned to VA for further action.

The Veteran's appeal for service connection for CFS, GERD, and Raynaud's syndrome is dismissed.,The Veteran's appeals for service connection for a low back disability, sinusitis, OSA, and tinnitus are also dismissed.

The Veteran's TDIU and Dependents' Education Assistance eligibility are denied as the evidence does not show he was unable to secure or follow substantially gainful employment prior to December 11, 2019.

The Veteran's initial rating for adjustment disorder was granted at 70 percent effective March 5, 2015. His TDIU claim was also granted effective May 19, 2014.

The Board has determined that the Veteran's spine disorder, diagnosed as degenerative disc disease, is service-connected. The evidence shows a back injury during service and post-service symptoms of pain related to lifting heavy objects.

The Board has determined that the Veteran's back disability is related to service and may be considered for direct service connection. However, there are issues regarding whether his back disability is secondary to or aggravated by his service-connected bilateral knee disabilities. The decision is remanded to obtain a VA medical opinion addressing these issues.

The Veteran's claim for service connection for a low back disability, separate from the already service-connected lumbar spine strain, is dismissed. The Veteran's migraine headaches are granted a 50% rating. The Veteran's lumbar spine strain is denied a higher rating.

The Board has determined that new and relevant evidence sufficient to readjudicate the Veteran's claims of entitlement to service connection for bilateral hip arthritis and lumbar spondylosis has been received. The AOJ should readjudicate these claims in the first instance.

The Board has remanded the claims for service connection due to a lack of VA examination and duty to assist errors.

The Veteran's lumbar strain with degenerative joint disease of the lumbar spine is rated at 20 percent, but not higher.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated at 40 percent.,The Veteran's right lower extremity femoral nerve radiculopathy is rated at 30 percent.

The Board has remanded the case due to duty-to-assist errors and requests an addendum medical opinion regarding the etiology of the Veteran's obstructive sleep apnea, including whether it is at least as likely as not caused or aggravated by his service-connected disabilities.

The Veteran's appeals for service connection for bilateral lumbosacral disorder, anxiety, and depression have been dismissed due to the identical nature of the requests submitted on multiple occasions.

The Board has remanded the case due to missing service treatment records and a lack of VA examination. The Veteran's lay statements regarding his back pain during basic training are considered credible, but further attempts must be made to locate STRs and obtain an opinion on the etiology of his current back disability.

The Veteran's back condition is granted as service connected due to continuity of symptoms since military service.

The Veteran's major depression, recurrent moderately severe (previously rated as adjustment disorder with depressed mood), is granted a 70 percent disability rating for the period prior to January 17, 2020. For the period beginning from January 17, 2020, his major depression is granted a 100 percent disability rating.

The Board has granted service connection for tinnitus and remanded the remaining claims due to inadequate VA examinations and missing private treatment records.