Back / lumbar spine Board decisions

The Board has reopened the Veteran's claims for service connection for back, left ankle, sinus, and sleep apnea conditions. However, as these claims are remanded to the RO, they will be readjudicated in the first instance based on all evidence of record, including new and relevant information.

The Veteran is granted a TDIU beginning October 4, 2011. The claim for a TDIU prior to this date is denied.

The Board has decided to remand the case due to a need for additional medical opinions regarding whether service-connected disabilities caused or aggravated obesity, and if so, whether obesity was a substantial factor in causing OSA.

The Board has determined that new and relevant evidence has been received to reconsider the previously denied claims of service connection for anxiety, dermatitis, left wrist condition, right wrist condition, low back pain, neck pain, sinusitis, migraine headaches, and TBI. The claims are being remanded for further adjudication.

The Board has remanded the claim for an evaluation greater than 60 percent prior to June 20, 1997, for post-discectomy and fusion of the lumbosacral spine due to a duty to assist error. The Veteran's representative contends that the Veteran is entitled to staged ratings or a temporary total disability rating prior to June 20, 1997, based on his statements about severe functional limitations resulting in inability to work during portions of the appeal period.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities prior to June 3, 2021. After that date, his combined permanent and total schedular rating does not allow for additional TDIU benefits.

The Veteran's claim for service connection for chronic lumbosacral pain status post L2-L5 fusion is granted. The claim for service connection for bilateral foot disorder is denied. The hypertension claim has been remanded, and the TDIU claim is also remanded.

The Board has remanded the claims of service connection for bilateral pes planus, lumbosacral strain, and bilateral knee disability due to conflicting opinions regarding the preexistence and aggravation of these conditions during service.

The Veteran's TDIU and SMC based on housebound criteria were granted, effective June 16, 2020. The appellant is eligible to attorney fees in the amount of 20% of past-due benefits awarded.

The Veteran's low back condition is currently rated at 40 percent, effective May 8, 2020. The appeal has been remanded due to the need for further evaluation and consideration of his claim.

The Veteran withdrew his appeal regarding the claim for service connection for lumbosacral strain before a decision was made by the Board.

The Board has determined that there was a duty to assist error and remanded the case for an addendum opinion regarding whether the Veteran's erectile dysfunction disability is caused by or aggravated by his service-connected heart, back, and radiculopathy disabilities.

The Veteran's claims for service connection for allergic rhinitis, sinusitis, neck disability, and back disability are being remanded due to the need for VA examinations.

The Board found that the reduction in disability ratings for LLE and RLE lumbar radiculopathy involving the anterior crural nerve from 10 percent to noncompensable was proper, as there had been improvement in the Veteran's condition.

The Board has granted service connection for bilateral hearing loss. The remaining claims of service connection for chronic sinusitis, left shoulder strain, lumbosacral strain, and radiculopathy, right lower extremity are remanded due to the need for additional medical opinions.

The Veteran's asthma and right lumbar radiculopathy ratings were reduced, but the reductions were not proper. The 30% rating for asthma and the 20% rating for right lumbar radiculopathy have been reinstated.,The issue of service connection for neck strain with degenerative changes was dismissed as moot.

The Board has determined that the Veteran's lumbar spine and right hip conditions are related to his active duty service, but not due to or aggravated by his service-connected right knee or leg conditions. The case is being remanded for further examination and opinion.

The Board has remanded the case for a VA medical examination to address the nature and etiology of any respiratory disability, including service connection based on herbicide exposure. The Veteran's psychiatric condition, back, bilateral knee, and bilateral hip disabilities are denied.

The Veteran's initial disability rating for right knee traumatic arthritis is denied, as the evidence does not meet the criteria for a higher rating.

The Board has denied the Veteran's claims for service connection for sleep apnea, migraine headaches, and right ear hearing loss. The Board has also remanded the Veteran's claims for a compensable rating for his head scar and for service connection for his lower back disability.