Back / lumbar spine Board decisions

The Veteran's eye condition, myopic astigmatism, is not service-connected as it was present prior to service and no superimposed disease or injury occurred during service.,There is no evidence of a current chronic headache disorder related to the Veteran's service. The Veteran's migraine headaches are not service-connected.,Hearing loss and tinnitus were not shown in service, did not manifest within a presumptive period, and there was no continuity of symptomatology attributable to service.,The Veteran's sleep apnea is not service-connected as it is not related to any service-connected disability.

The Board has granted service connection for retrocalcaneal Achilles bursitis of the left lower extremity, left shoulder pain impairment syndrome, and a low back disability manifesting as pain. The decision is based on credible lay evidence and medical records that support the Veteran's account of symptoms during active duty.

The Board has determined that the Veteran's claims for service connection are remanded due to pre-decisional duty to assist errors, including inadequate VA examination opinions and failure to obtain examinations for all claimed disorders.

The Board has granted service connection for the Veteran's thoracolumbar spine (back) disability and remanded the issues of service connection for cervical spine, right knee, left knee, right foot, and left foot disabilities.

The Veteran's service connection claims for degenerative arthritis of the thoracolumbar spine, cervical spine, left wrist, and right wrist have been granted. The Veteran's knee conditions are rated as 10 percent disabling.

The Board has denied the Veteran's claims for service connection for a back disability and erectile dysfunction as secondary to posttraumatic stress disorder. The claim for right hip disability, including groin strain, labral tear, and osteoarthritis is remanded due to lack of a VA examination. The claim for left hip degenerative arthritis is also remanded due to the inextricability with the right hip disability claim.,The Board has denied the Veteran's claims for service connection for a back disability and erectile dysfunction as secondary to posttraumatic stress disorder. The right hip disability, including groin strain, labral tear, and osteoarthritis is remanded due to lack of a VA examination. The left hip degenerative arthritis claim is also remanded.

The Board denied service connection for a lumbar spine disorder and TDIU due to the Veteran's service-connected disabilities. The medical evidence did not support a direct relationship between the current lumbar spine disorder and service, or any other service-connected disability.

The Board denied the Veteran's claim for an earlier effective date for his award of a total disability rating due to individual unemployability (TDIU) as there was no evidence showing that he was unable to obtain or maintain substantially gainful employment prior to October 22, 2018.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that his current condition began during active duty and is related to in-service injury. The decision resolves all doubt in favor of the Veteran.

The Veteran's claims for service connection for brain disease due to trauma (traumatic brain injury), paralysis of the median nerve (right hand neuropathy), and paralysis of the median nerve (left hand neuropathy) have all been denied.,The Veteran was granted an initial 20 percent rating for her service-connected fibromyalgia, but her claim for a higher rating for degenerative arthritis and degenerative disc disease of the lumbar spine remains denied.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to incomplete records, inadequate examinations, and potential errors in the initial rating decisions. The Veteran will need to provide additional medical evidence and VA treatment records, as well as obtain any vocational rehabilitation or Chapter 31 records.

The Veteran's claim for service connection for residuals of bladder cancer, cervical spine disability, back disability, and left lower extremity radiculopathy associated with the back disability is granted effective June 30, 1989. The claims for erectile dysfunction are denied prior to August 27, 2020.

The Veteran's claim for a higher rating for degenerative joint disease of the lumbar spine with herniated nucleus pulposus is granted, and he is now in receipt of a 40% disability rating. The claims for higher ratings for left and right lower extremity radiculopathy are denied.

The Veteran's thoracic spine disorder, diagnosed as DJD of the lumbar spine with lumbar strain, is rated at 40 percent and not entitled to a higher rating. The appeal for an earlier effective date for Dependents' Educational Assistance benefits was also denied.

The Veteran's headaches (migraines) are found to be due to his military service, and service connection is granted. The Board also remanded the issues of service connection for left foot condition, right foot condition, left knee condition, right knee condition, left wrist condition, left shoulder condition, right shoulder condition, lower back condition, sciatica with numbness (LLE), and sciatica with numbness (RLE).

The Veteran's appeals for service connection on the issues of obstructive sleep apnea, disorder manifested by facial numbness, dysthymic disorder with panic disorder, bilateral hearing loss, hand tremors, lumbar spine disability, right hand disability, and right ankle disability have been dismissed due to withdrawal. Service connection has been granted for dysthymic disorder with panic disorder.

The appeal for service connection of a back disorder is dismissed due to the Veteran's death.

The Veteran's service connection for migraines and increased disability rating for mechanical low back strain with degenerative disc and joint disease were granted effective December 31, 2020. The TDIU on an extraschedular basis was also granted effective October 19, 2019.

The Veteran's claims for service connection for a back disability, left knee disability, and right knee disability have been denied.,The Veteran's claim for service connection for BPPV has been remanded due to the inadequacy of the March 2020 VA examination.,The Veteran's claims for service connection for bilateral hearing loss, chronic otitis media, and sinusitis are inextricably intertwined with the BPPV claim and have also been remanded.

The Veteran's claims for PTSD and any other acquired psychiatric condition are remanded due to the need for additional evidence regarding the validity of his claimed stressor.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for bilateral foot condition, left shoulder condition, right shoulder condition, low back condition, respiratory condition (Asthma), and right knee condition are remanded due to a lack of adequate VA examinations or nexus opinions.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for bilateral foot condition, left shoulder condition, right shoulder condition, low back condition, respiratory condition (Asthma), and right knee condition are remanded due to a lack of adequate VA examinations or nexus opinions.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for respiratory condition (Asthma) are remanded due to discrepancies between STRs regarding asthma history and the 2020 non-VA provider's opinion. The AOJ should obtain an addendum opinion to clarify whether the Veteran's current Asthma is related to service or pre-existed service.,The Veteran's claims for right knee condition are remanded as there was insufficient verification of a contended in-service stressor. The 2020 non-VA provider provided a nexus opinion, but it did not address or reconcile the Veteran's history of chronic daily alcohol use which can have similar symptoms to TBI.,PTSD service connection is remanded due to insufficient verification of a contended in-service stressor and lack of adequate VA examination. The AOJ should obtain an addendum opinion addressing whether the Veteran has a current TBI or residuals related thereto.