Back / lumbar spine Board decisions

The Board has granted a 40 percent rating for the Veteran's intervertebral disc syndrome with degenerative disc disease arthritis, resolving all doubts in favor of the Veteran.

The Board has dismissed the appeals for service connection of lumbar spine disability, obstructive sleep apnea disability, and a rating in excess of 10 percent for left knee disability due to the Veteran's death.

The Veteran's claims for service connection for sleep apnea and an evaluation in excess of 20 percent for a lumbar spine disability are being remanded due to duty-to-assist errors. The AOJ must schedule the Veteran for VA examinations to determine the probable date of initial onset and etiology of obstructive sleep apnea, as well as the level of functional impairment associated with his service-connected low back disability.

The Board has denied the Veteran's claims for service connection for right knee condition, right hand condition (trigger finger surgery), nodular hyperplasia of the adrenal glands, and low back condition due to lack of evidence showing a nexus between these conditions and active service.

The Veteran's lumbosacral strain is currently rated at 10% and has been granted a 20% rating. The evidence shows that the Veteran's forward flexion was up to 60 degrees, which warrants a higher rating of 20%. There is no indication of ankylosis or other conditions warranting a higher rating.

The Board has granted the Veteran's claims of service connection for low back and lower extremity radiculopathy. The claim for neck disability is remanded due to a duty-to-assist error.

The Board has granted service connection for bilateral cataracts and low back disability, finding that these conditions are related to the Veteran's service-connected hypertension. Service connection for a headache condition was denied as there is no current diagnosis of such condition.

Your increased rating for lumbosacral strain has been reduced to 10 percent, but you are already receiving a higher rating of 40 percent. Therefore, your appeal is dismissed.

The Veteran's claims for service connection for right and left ankle conditions, back condition, and PTSD have been denied. The claims for service connection for left and right hip conditions and sinus condition (allergic rhinitis) are being remanded.,The Board finds that the evidence does not support a finding of current disabilities related to the Veteran's service.

The Veteran's service-connected disabilities (lumbar spine degenerative arthritis, left sciatic nerve radiculopathy, right shoulder strain, and left shoulder tendonitis) render him unable to obtain and maintain substantially gainful employment. The Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's appeals for increased disability ratings were dismissed due to the death of the appellant.

The rating for the Veteran's lumbar spine disability was restored from 20% to 40%, effective July 5, 2023.

The Board has determined that additional development is needed to address the Veteran's claim for service connection for obstructive sleep apnea, which may be secondary to his service-connected lumbar spine disability, bilateral lower extremity radiculopathy, and posttraumatic stress disorder (PTSD).

The Veteran's bilateral hearing loss and lumbar spine disability are granted as service-connected.,The Veteran's right shoulder disability is granted as service-connected, while his left shoulder disability is denied.

The Veteran's TDIU and DEA eligibility are granted effective May 1, 2019. The effective date is exclusive of the temporary total rating periods from August 15, 2019 to October 1, 2019.

The Board has determined that more development is necessary prior to final adjudication of the claims on appeal due to incomplete service treatment records. The Veteran's complete medical and personnel records from the Texas Army National Guard are requested.

The Board has remanded the claims for service connection due to duty-to-assist errors and regulatory requirements under the PACT Act. The Veteran's mental health, lumbar spine, and sleep apnea conditions are being reviewed.

The Board has remanded the claims for service connection due to insufficient evidence regarding the nature and etiology of the Veteran's low back condition, heart condition, migraines, left foot condition, and left shoulder condition. The VA will provide a new examination in each case.

The Board has remanded the claims of service connection for low back and left hip disabilities, both secondary to a service-connected left knee disability. The Veteran's low back and left hip conditions are not yet evaluated due to a lack of VA examination.