Back / lumbar spine Board decisions

The Board has decided to remand the case due to a duty-to-assist error in the initial rating decision, requiring further examination and opinion regarding the etiology of the Veteran's low back disability.

The Veteran's claim for service connection for lumbosacral strain with arthritis was granted, and the effective date is set at July 31, 2020.

The Veteran's OSA and lumbar spine disability are granted as secondary to service-connected PTSD. The right knee instability is granted a 10% rating.

The Board has granted service connection for the Veteran's herniated disc, finding that it is at least as likely as not incurred during INACDUTRA in June 2011 when he was performing his duties loading weapons into a truck.

The Veteran's claims for service connection for lumbosacral strain, left sciatic radiculopathy, and right sciatic radiculopathy have been granted with effective dates of August 18, 2017.

The Veteran's claim for an earlier effective date for the award of service connection for PTSD was denied as VA received a complete Supplemental Claim on April 23, 2019, which is considered the date of claim.

The Board dismissed the appeal regarding service connection for degenerative arthritis of the lumbar spine because the appellant requested to withdraw his appeal.

The Board has remanded the Veteran's claims for thoracolumbar spine disability and left wrist disability due to insufficient medical opinions regarding their etiology. The Veteran is required to undergo new VA examinations to address these issues.

The Board has decided that the Veteran's lumbar spine disability is related to his service, but more evidence is needed for a final decision.

The Veteran's TDIU was granted effective from December 22, 2018, the day after he stopped working due to his disabilities. The appeal is dismissed as there are no remaining allegations of error in this matter.

The Veteran's current back disorder is granted as service connected, with the Board finding that it began during active service.,Service connection for a mental health disability (including bipolar disorder, anxiety, and depression) is denied. The Board found no evidence of aggravation in-service.

The Veteran's claims for increased ratings for his back disability and radiculopathy of the left lower extremity were denied. The Board found that the evidence did not support a higher rating based on unfavorable ankylosis or incapacitating episodes, as required by the applicable rating criteria.

The Veteran's claims for service connection and increased ratings have been granted, with effective dates of August 12, 2019. He is now entitled to a disability rating of 40 percent for degenerative arthritis of the lumbar spine.

The Veteran's initial claim for a higher rating for lumbosacral strain was denied, and the current rating of 10 percent remains unchanged. A subsequent increase to 20 percent is also denied.

The Board has granted service connection for lumbar strain and denied service connection for bilateral hearing loss. The decision is based on the Veteran's reports of in-service low back pain and exposure to noise during military service, but no current hearing loss disability was found.

The Veteran's initial disability rating for lumbosacral strain with arthritis remains at 10 percent, and the claim for service connection of sleep apnea is remanded due to a duty to assist error.

The Board dismissed the Veteran's appeal for service connection due to his withdrawal of the claim for bilateral hearing loss. The remaining claims for tinnitus, multiple joint disorders (shoulders, elbow, back, knees, ankles, feet, toes), and radiculopathy were denied as not supported by evidence of a current disability or a causal relationship to service.

The Board has remanded the Veteran's claims for low back disability, bilateral foot disabilities (including pes planus and plantar fasciitis), right knee disability, and left knee disability due to the need for additional evidence or examination. The issues are being returned to the AOJ for further review.

The Veteran's back condition was reduced from a 40 percent rating to a 10 percent rating, effective May 1, 2020. The Board found that the reduction was not proper because there was no evidence of actual improvement in his ability to function under ordinary conditions.

The Board has determined that there was a duty to assist error and transferred the claim to the Supplemental Claim decision review option for additional development. The Veteran's lumbar spine condition is currently rated at 20 percent, effective June 16, 2020. The Board finds remand necessary due to inadequate examination reports and failure to consider functional ankylosis.