Back / lumbar spine Board decisions

The Board has granted service connection for a back disability effective December 16, 2019. The Veteran's claim was reopened and the initial rating of 20 percent for his back disability is denied.

The Board has determined that the VA examinations for the Veteran's low back, right knee, and left knee disabilities are inadequate. The Board is therefore remanding these issues to obtain new opinions from VA examiners.

The Veteran's appeal for an increased rating for his service-connected degenerative disc disease of the lumbar spine has been dismissed due to his death while the appeal was pending.

The Veteran's claims for service connection for chronic sinusitis, rhinitis, left foot condition, lower back condition, and migraine headaches have been denied.,Service connection was not granted for any of the claimed conditions due to a lack of current diagnoses or evidence linking these conditions to service.

The Veteran's service-connected disabilities have resulted in an inability to secure or follow a substantially gainful occupation since May 5, 2016. Effective dates for TDIU and Dependents' Educational Assistance benefits are granted as of that date.

The Board denied service connection for bilateral foot, ankle, and low back disabilities due to a lack of evidence showing an in-service injury or aggravation that resulted in current disability.,Service treatment records did not show any chronic ankle or hip conditions during active duty. The VA examiner concluded the current disabilities are more likely related to post-service use/overuse.

The Board has granted service connection for a lumbar spine disability but remanded the issue of service connection for obstructive sleep apnea due to insufficient medical opinions.

The Board has dismissed the issue of service connection for back disability as it was granted in a prior decision. The issues of service connection for right and left ankle disabilities are remanded.

The Board has remanded the claims for prostate cancer, hypertension, obesity, sleep apnea, lumbar spine disability, bilateral pes planus, left foot bunion, right foot bunion, left ankle disability (claimed as achilles tendonitis), left knee disability, right knee disability, left hand disability, right hand disability, left elbow disability, right elbow disability, left shoulder disability, and right shoulder disability due to incomplete military records.

The Veteran's appeal for increased ratings for sacroiliitis with spondylosis, and degenerative disc disease, thoracolumbar spine (back pain) and radiculopathy of the right lower extremity is dismissed as a matter of law.,The Veteran's appeal for a separate 10 percent rating for right knee instability is granted.

The Veteran's claims for earlier effective dates for the grants of service connection for cervical strain with degenerative arthritis of the spine, intervertebral disc syndrome and degenerative disc disease, migraines, radiculopathy of the right upper extremity, radiculopathy of the left upper extremity, and corneal scar, right eye (right eye disability) have been denied.,The earliest effective dates available under the applicable law for these awards are February 11, 2019, for cervical strain with degenerative arthritis of the spine, intervertebral disc syndrome and degenerative disc disease, radiculopathy of the right and left upper extremities, and migraine headaches; January 22, 2014, for corneal scar, right eye (right eye disability).

The Veteran's claims for increased ratings and service connection have been denied. The Veteran is not entitled to a rating in excess of 10 percent for his degenerative arthritis with IVDS status-post repair of the thoracolumbar spine, and he does not meet the criteria for service connection for a left knee disorder.

The Veteran's tinnitus is granted as service-connected. The Board has remanded the claims for a breathing condition, bilateral knee conditions, and back condition due to duty-to-assist errors.

The Board denied the Veteran's claim for service connection for a lumbar spine disability due to lack of evidence of current disability or persistent symptoms related to service.

The Veteran's appeal for a higher rating for his thoracolumbar spine condition and TDIU is being remanded due to inadequate VA examinations. The case will be returned to the AOJ for further evaluation.

The Veteran's lumbar spine disability was rated at 10 percent, but the Board found no evidence of limitation to less than 60 degrees of forward flexion or combined range of motion less than 120 degrees. The right hip/femur disabilities were separately rated as 20 and 10 percent.,The Veteran's right knee strain was not evaluated for a higher rating, and the right hip scar did not meet criteria for a compensable rating.

The Veteran withdrew her appeals for all issues related to the service-connected conditions listed, including PTSD, low back disability, irritable bowel syndrome (IBS), right lower extremity peripheral neuropathy, right foot and left foot disabilities, hip limitations, wrist ganglion cyst, scar on the right wrist, allergic rhinitis, sciatic radicular pain of the left lower extremity, shoulder disability, and traumatic brain injury. As a result, all appeals are dismissed.

The Veteran's headaches have been rated at 30 percent since June 10, 2019. The Board finds that the new evidence received in July 2019 supports readjudicating his claim for service connection of a spine condition and remands for further action on his right hip iliotibial band syndrome issues.

The Board has remanded the claims for cervical spine disorder, lumbar spine disorder, right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee disorder, and left knee disorder due to new evidence received since the final December 2015 rating decision. The Veteran's claims for hypertension, right ankle disorder, left ankle disorder, right foot disorder, and left foot disorder are denied as there is no current disability at any point during the pendency of the claim.

The Board has granted service connection for cervical spine degenerative disc disease and arthritis, as well as lumbar spine degenerative disc disease and facet hypertrophy, both of which are found to be related to the Veteran's service-connected right foot and left foot cold injury residuals.