Back / lumbar spine Board decisions

The Board has decided to remand the case due to a duty to assist error and the need for additional evidence. The Veteran's upper back condition and cervical spine condition are being reviewed again, with an emphasis on obtaining private treatment records and conducting a VA examination.

The Board dismissed the Veteran's appeals for service connection for various conditions, including headaches, hemorrhoids, cervical spine degenerative disc and joint disease, left hand condition, and right hand condition, as secondary to his service-connected lumbar spine disability.

The Board has withdrawn the Veteran's appeals for service connection for allergies, bronchitis, cervical spine disability, lower back disability, left ankle disability, and sleep apnea. The appeal is also remanded for further examination regarding SMC based on aid and attendance.

The Board has granted service connection for the Veteran's lumbar spine disability and bilateral lower extremity radiculopathy, finding that these conditions are related to his in-service injuries.

The Board has granted an earlier effective date of December 1, 2017 for the Veteran's service-connected degenerative arthritis of the lumbosacral spine and radiculopathy, right lower extremity.

The Veteran's GERD and sleep apnea have been granted service connection. The lumbar spine condition is remanded for further examination to determine if it is caused or aggravated by the service-connected right ankle condition.

The Board has decided to remand the case due to errors in fulfilling the duty to assist and a need for an adequate medical opinion. The Veteran's STRs and SPRs are required, as well as a new VA examination.

The Veteran's TDIU and SMC at the housebound rate are granted due to his service-connected PTSD, which is rated as 70 percent disabling since June 16, 2016. The additional disabilities do not meet the criteria for a single disability rated at 100%.

The Board has denied service connection for bilateral hearing loss and tinnitus. Service connection is remanded for chronic fatigue syndrome, gastroesophageal reflux disease, and migraine headaches, as well as multiple painful joints in the back, hands, ankles, and feet.

The Board has denied service connection for blood in stool and remanded the issue of service connection for an upper back condition due to lack of evidence of a current disability.

The Veteran's appeal is denied as his service-connected conditions do not meet the criteria for higher initial disability ratings.

The Board has remanded the claims for service connection due to missing service treatment records and unclear active duty periods. The Veteran's foot, low iron count, back condition, right hip condition, and left hip condition are all under review.

The Veteran's claim for service connection for sinusitis is denied as there is no current diagnosis of sinusitis and the symptoms are attributed to rhinitis.,The Veteran's claim for an increased rating for MS with dysphasia and constipation is denied as her symptoms do not warrant a higher combined rating.

The Board has remanded the claims for bilateral hearing loss, an acquired psychiatric disorder (to include depression and anxiety), a stomach disorder (to include GERD), a leg disorder, a lumbar spine disorder, a cervical spine disorder, a right ankle disorder, a left ankle disorder, a right hip/thigh disorder, a left hip/thigh disorder, a right knee disorder, and a left knee disorder for further development.,The Board found that the Veteran's hearing loss does not meet VA criteria for service connection due to lack of evidence of current disability.

The Board denied the Veteran's claim for an effective date prior to June 4, 2017, for a 20 percent rating for lumbar radiculopathy of the left femoral nerve. The Board found that there was no factual basis to support an earlier effective date due to insufficient evidence showing a specific increase in severity within the year prior to the claim.

The Veteran's claims for lumbar spine degenerative arthritis and intervertebral disc syndrome, left hip strain with limited flexion, right lower extremity femoral nerve radiculopathy, and right lower extremity sciatic nerve radiculopathy were granted effective May 23, 2017.,The Veteran's claims for left hip strain with thigh impairment, left hip strain with limited extension, and left hip strain with limited flexion were denied.

The Veteran's cervical spine disc degeneration is denied as there is no evidence of a nexus to service.,The Veteran's hernia (specifically umbilical hernia and inguinal regions) is denied due to lack of chronicity of care during service.,The Veteran's left knee strain (patellofemoral pain syndrome and chronic sprain) is remanded as there are conflicting opinions regarding its onset in service.,The Veteran's left ankle lateral collateral ligament sprain is remanded as the VA examiner found no evidence of chronicity of care during service.,The Veteran's lumbar spine disorder, left shoulder disorder, and right shoulder disorder are all remanded due to lack of medical records documenting ongoing treatment or diagnosis in service.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The issues include back, hip, foot, and face disabilities, as well as respiratory issues.

The Veteran's lumbosacral strain with degenerative arthritis is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's right lower extremity sciatic nerve radiculopathy is currently rated at 10 percent, and the Board does not find evidence to support a higher rating.,The Veteran's right knee strain is currently rated at 10 percent, with no indication of a need for a higher rating based on the provided information.,The Veteran's right shoulder strain is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.

The Board has granted the Veteran's claim of service connection for degenerative disc disease, spondylosis, lumbar strain, and scoliosis, finding that his current back condition is at least as likely as not related to an in-service injury or event.