Back / lumbar spine Board decisions

The Board has granted the Veteran's claim of service connection for a back disability, finding that new and relevant evidence supports this determination. The Board also found no clear and unmistakable evidence to rebut the presumption of soundness at entry into service.

The Board denied the veteran's claim for service connection for a lumbar spine disability, to include degenerative arthritis, finding that there is no evidence linking his current condition to an in-service injury. The VA examiners concluded that the veteran's degenerative arthritis was more likely due to aging and wear and tear rather than any incident during service.

The Veteran's claims for effective dates prior to June 7, 2016, and increased ratings were denied. Service connection was not granted due to lack of evidence linking the disabilities to service or a service-connected condition. Increased ratings for lumbar spine degenerative disc disease and arthritis were also denied.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board finds that it does not warrant a higher rating based on the evidence of record.

The Veteran's adjustment disorder with mixed anxiety and depression is rated at 30 percent, but the Board finds that it does not warrant a higher rating due to occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.,The Veteran's headaches are currently noncompensable. The evidence does not show characteristic prostrating attacks averaging one in two months over the last several months.

The Veteran's service-connected sleep apnea, back, knee, and shoulder disabilities prevent him from securing or following gainful employment. The Board finds the evidence to be in equipoise as to whether these conditions meet the criteria for a TDIU.

The Veteran's appeal for service connection on two claims (sleep disability and low back disability) has been dismissed due to the death of the Veteran.

The Board has remanded the claims of service connection for hypertension, OSA, and an eye disability due to a duty-to-assist error. The Veteran's hypertension claim is related to his exposure to herbicides in Vietnam, but the VA examination must provide a rationale regarding whether it is at least as likely as not that any diagnosed hypertension had its onset during active service or is related to any in-service disease or event.

The Board has granted the Veteran's claim for service connection for his lumbar spine disability, finding that it began during active service and is related to an in-service injury.

The Board has remanded the service connection claim for a lumbar spine condition and the TDIU issue due to insufficient medical opinion regarding the etiology of the Veteran's back condition.

The Board has remanded the claims for a new VA opinion to determine if the Veteran's current back and cervical spine disabilities are related to service, specifically whether they are due to aggravation of pre-existing conditions or onset during service.

The Veteran's degenerative joint and disc disease of the thoracolumbar spine with IVDS was initially granted, but a higher rating is denied as it does not meet the criteria for an initial disability rating greater than 20 percent.

The Board has decided to remand the case due to inadequate examination and medical opinion regarding service connection for lower back disability, which may be related to a service-connected left knee disability.

The Veteran's right and left lower extremity radiculopathy, as well as lumbar spine facet joint degeneration, have been granted effective from June 15, 2015. The Veteran's lumbar spine scars were also granted an effective date of the same day.

The Veteran's claims for service connection for lumbar spondylosis and hemorrhoids are remanded due to inadequate VA examination opinions. The Board will seek additional medical opinions to determine the etiology of these conditions.

The Veteran's service-connected disabilities, including his lumbar spine and TMJ conditions, prevent him from securing and following gainful employment. The Board granted a TDIU effective April 29, 2020.

The Veteran's lumbar spine disability has not more nearly approximated unfavorable ankylosis of the lumbar spine or the entire spine, and there are no incapacitating episodes meeting the criteria for a higher rating. The appeal is denied.

The Board has granted an earlier effective date of July 3, 2019 for the grant of service connection for lumbosacral strain, bilateral knee strains, and tinnitus. The Veteran's intent to file was received by VA on that date.

The Veteran's cervical spine disability is granted as service-connected.,The effective date for the lumbar spine disability is set at June 14, 2017.,A 40 percent rating for the lumbar spine disability is assigned with a June 14, 2017, effective date.,Separate ratings for left lower extremity radiculopathy of the sciatic nerve and femoral nerve are granted with a June 14, 2017, effective date.,The right knee disability is rated at 30 percent with a June 14, 2017, effective date.,Right lower extremity radiculopathy of the sciatic nerve and femoral nerve are each rated at 20 percent with effective dates prior to January 14, 2019.,The right knee instability is rated at 10 percent with an effective date prior to June 12, 2020.,Service connection for a migraine headache disorder is granted and the earliest possible effective date of November 7, 2017, is assigned.

The Veteran's appeal was dismissed due to his death. The Board had no jurisdiction to adjudicate the merits of the appeal as it pertained to conditions and issues related to service connection.