Back / lumbar spine Board decisions

The Board dismissed the Veteran's claim for service connection for discogenic right sciatic radicular pain (partial paralysis right sciatic) as it was granted in a prior rating decision. Service connection was established for other conditions, including chronic sinusitis, PTSD, and various musculoskeletal issues, all presumed related to Southwest Asia service.

The Board has remanded the claims for service connection for cervical spine, depression, and lumbar spine conditions secondary to left heel or achilles tendon condition due to an error in satisfying a regulatory duty with regard to these issues.

For the entire period on appeal, the Veteran's acquired psychiatric disability is rated at 70 percent.,For the entire period on appeal, the Veteran's lumbosacral strain is rated at 50 percent.

The Board has remanded the Veteran's claims for service connection for a back condition, migraine condition, and neck condition as secondary to a back condition due to insufficient evidence during the appeal period.

The Veteran's claim for service connection for low back pain was dismissed due to the failure to timely file a VA Form 10182 Decision Review Request.,Service connection for tinnitus was denied as there is no evidence of in-service noise exposure or continuity of symptomatology since separation from active duty.

The Board has determined that new and relevant evidence has been added to the record, warranting readjudication of the claims for service connection for right knee strain, left knee strain, and a low back condition. The claims are being remanded due to inadequate VA examinations and medical opinions.

The Veteran's claim for a higher rating for his service-connected chronic lumbar strain was denied. However, he was granted service connection for bilateral lower extremity radiculopathy secondary to his service-connected lumbar strain and assigned a 10 percent disability rating for each leg.

The Veteran's Crohn's disease and lumbar strain are rated at 40 percent each, but the Board found no evidence of marked interference with absorption or nutrition to warrant a higher rating. The Veteran's TDIU claim was denied as he is able to secure and follow substantially gainful employment.

The Veteran's psychiatric condition, lumbosacral strain, and left ankle disability have been rated as per the criteria since July 31, 2019. The effective dates for SMC based on housebound status and DEA are also set to this date.

The Board has remanded the evaluations for Degenerative Joint Disease of the Cervical Spine and Lumbar Spine due to inadequate examination findings.

The Board has decided to remand the case due to a duty-to-assist error, and will need to provide an adequate medical opinion regarding whether the Veteran's lumbar spine disability is caused or aggravated by his service-connected left knee degenerative joint disease.

The Veteran's erectile dysfunction is caused by his service-connected lumbar spine condition, and the claim for service connection for this secondary disability has been granted.

The Veteran's neck disabilities, including degenerative joint disease with cervical spondylosis, cervical radiculopathy, degenerative disc disease, myofascial pain syndrome, and chronic pain syndrome, are granted as service-connected.,The Veteran's headache disability is remanded for further examination to determine its etiology.,The Veteran's acquired psychiatric disabilities, including unspecified depressive disorder and other specified anxiety disorder, are remanded for further evaluation.

The Board has determined that new and relevant evidence regarding a current diagnosis of GERD has been submitted, warranting readjudication of the claim for service connection. The claims for low back disability, right knee disability, and sleep apnea are not warranted for readjudication as no new and relevant evidence has been provided.

The Veteran's current low back condition is at least as likely as not related to his fall on a rail while in service, and the Board finds him entitled to service connection for this condition.

The Veteran's appeals for service connection on multiple conditions were dismissed due to the death of the appellant during the pendency of the appeal.

The Veteran's left lower extremity sciatic nerve radiculopathy is rated at 10 percent, and the Board finds a rating in excess of 10 percent is warranted.,The Veteran's degenerative disc disease other than intervertebral disc syndrome status post spinal fusion is rated at 20 percent.

The Veteran's claim for a rating in excess of 10 percent for mechanical low back pain and lumbosacral strain with degenerative disc disease L3-4 was denied. The Board found that the evidence did not support a higher rating based on limitation of motion or other factors. Service connection for right lower extremity radiculopathy and left lower extremity radiculopathy were also denied as there is no evidence of secondary service connection.

The Board has granted earlier effective dates for the right and left lower extremity radiculopathy of the sciatic nerve, as well as TDIU based on service-connected disabilities.,The Veteran's lumbar spine disability was initially rated in April 2018, and the Board found that his claims for separate ratings for related neurologic impairment were part of this initial claim.

The Board denied the Veteran's claims for earlier effective dates for his service connection for lumbosacral strain with degenerative disc disease, right lower extremity sciatica pain, and left lower extremity sciatica pain. The appeal was not granted as the Veteran did not continuously pursue his claim within one year of the April 2019 decision.