Back / lumbar spine Board decisions

The Board has remanded several claims due to the need for additional evidence, including missing service treatment records and an inadequate medical opinion regarding a VA colonoscopy. The Veteran's right knee condition, low back problem, seizure disorder, depression (claimed as PTSD), sleep apnea, myositis, and narcolepsy are all under review.

The Board has determined that the VA examination and decision on appeal were not thorough enough to make a determination regarding service connection for a back disability. The case is being remanded to obtain an addendum opinion from a VA examiner.

The Veteran's degenerative disc disease with spinal stenosis is granted a disability rating of 40 percent. The ratings for radiculopathy, hammer toes, and bilateral hyperpronation are denied.

The Board has remanded the Veteran's claims for service connection due to a lack of a VA examination addressing the etiology of his claimed conditions, including left arm neuralgia and back issues. The Veteran contends these conditions are related to an in-service injury.

The Board has remanded the claims for increased ratings due to insufficient evidence, and no specific rating assigned or effective date provided.

The Board has dismissed the issue of service connection for a right ankle disorder due to the Veteran's withdrawal. The remaining issues of service connection for cervical spine, left shoulder, thoracolumbar spine, and left leg disorders are remanded.

Service connection for a left shoulder disability is granted.,A rating in excess of 10 percent prior to January 21, 2022, and in excess of 40 percent therefrom for the Veteran's low back disability is denied.

The Board has found that the Veteran's lumbar spine disability is etiologically related to his service, resolving reasonable doubt in favor of the Veteran. Service connection for degenerative arthritis of the lumbar spine is granted.

The Veteran's degenerative arthritis of the lumbosacral spine with intervertebral disc syndrome and spinal stenosis is currently rated at 40 percent, which is the maximum schedular rating available.,An effective date prior to July 2, 2020, for a 40 percent disability rating for degenerative arthritis of the lumbosacral spine with intervertebral disc syndrome and spinal stenosis is denied.

The Veteran's service-connected degenerative disc disease with intervertebral disc syndrome, lumbar spondylosis, and arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted increased disability ratings of 40 percent each. The appeal is resolved in favor of the Veteran.

The Board denied the Veteran's claim for VR&E services due to his meeting the threshold requirements for entitlement but not having an employment handicap, as determined by a VA counseling psychologist (CP) or VRC.

The Veteran's service-connected right ankle disability is found to be the primary cause of his degenerative arthritis of the thoracolumbar spine, right hip strain, and left hip strain. The claims for earlier effective dates for TDIU and DEA benefits are also granted.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, meeting the criteria for a TDIU.

The Veteran was granted a TDIU effective June 8, 2019. The Board denied an earlier effective date for the award of TDIU as there is no evidence showing he was unable to secure or follow a substantially gainful occupation due to service-connected disabilities during the one-year period preceding his February 27, 2020 claim.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and consideration of outstanding medical records.

The Veteran's lumbar spondylosis is remanded due to insufficient evidence regarding the severity of the condition, particularly in relation to functional ankylosis.

The Board has granted service connection for cervical and lumbar spine disorders, right upper extremity radiculopathy, and a right shoulder disorder. The left shoulder disorder claim is remanded for further consideration.

The Veteran's service-connected left knee replacement, right knee replacement, and lumbar stenosis are granted. The claims for evaluation of long thoracic nerve damage in the left shoulder and degenerative joint disease in the left acromioclavicular (AC) joint are remanded.

The Board has remanded the Veteran's claim for service connection for insomnia with fatigue (claimed as chronic fatigue syndrome) due to pre-decisional errors in fulfilling the duty to assist. The AOJ must obtain a medical nexus opinion regarding the etiology of the Veteran's insomnia and whether it is related to his military service, including his motor vehicle accident in service, service in Iraq, or toxic exposure risk activities (TERAs).

The Veteran's OSA is granted as proximately due to his service-connected major depressive disorder, while other issues are denied.