Back / lumbar spine Board decisions

The Veteran's lumbar spine degenerative arthritis, DDD, and IVDS is granted a 20 percent rating effective March 21, 2023. The other issues are denied.

The Veteran's sleep apnea, thoracolumbar spine condition, and cervical spine condition are all granted as secondary to service-connected conditions. The effective date for the grant of service connection is March 27, 2018.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of these claims as they are no longer relevant with the Veteran's passing.

The Veteran's appeals for service connection for back, left ankle, and right ankle disorders have been dismissed. The appeal pertaining to the issue of entitlement to an initial rating in excess of 20 percent for a left shoulder partial rotator cuff tear is remanded.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD. The Board has also remanded for further examinations and opinions regarding the other claimed conditions.

The Board has decided that the Veteran's low back disability and hepatic steatosis are not service-connected. The appeal for hepatic steatosis is remanded due to a failure to consider all toxic exposure risk activities under the PACT Act.

The Board has decided to remand the claims for increased rating of lumbosacral strain and service connection for right lower extremity radiculopathy due to a duty to assist error. The Veteran needs to be evaluated by a VA examiner to assess his current condition, including potential additional diagnoses such as degenerative disc disease. An addendum opinion is also needed regarding the relationship between the Veteran's service-connected lumbar spine condition and his right lower extremity radiculopathy.

The Veteran's tension type headaches are granted a 50% rating. The left shoulder instability with history of rotator cuff is denied as it does not meet the criteria for a higher rating. A noncompensable rating is granted for left shoulder scars. The low back disability, degenerative arthritis with IVDS, and radiculopathy in both lower extremities are all denied. Ratings in excess of 20% for left knee strain, right knee strain, hemorrhoids, and maxillary sinusitis are also denied. Service connection for sleep apnea is remanded.

The Board has determined that the appellant's tinnitus and back disorder are service-connected, but his bilateral hearing loss is not. The appeal for bilateral hearing loss is being remanded due to a failure to obtain a medical examination.

The Veteran's claim for service connection for insomnia is granted. The claims for left shoulder, low back, right hip, and left knee disorders are remanded due to a pre-decisional error in failing to provide VA examinations.

The Board has decided to remand the Veteran's claim of service connection for lumbar spine due to inadequate VA examinations and a need for further evidence.

The Board has decided to remand the case due to inadequate opinions regarding secondary service connection for lumbosacral strain with disc bulges, neural foraminal narrowing, joint hypertrophy, and intervertebral disc degeneration.

The Board has denied service connection for right knee, left knee, right ankle, and left ankle conditions. The claims of service connection for low back condition and left hand injury are being remanded.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed conditions, including whether they are related to her military service. The claims for service connection will be remanded for further examination and opinion.

The Board dismissed the appeals for lumbar disability, migraine headaches, anxiety and depression, and polycystic ovaries as the Veteran withdrew her appeal.

The Board denied service connection for a lumbar spine disability claimed as secondary to the service-connected left knee disability, finding that the Veteran's lumbar spine disability is not related to his service-connected left knee disability.

The Board has determined that the VA examinations obtained prior to the September 2020 rating decision were inadequate and remanded for further action. The Veteran's left shoulder, right knee, left knee, cervical spine (including radiculopathy and spondylosis), and back disabilities are all being remanded due to duty-to-assist errors.

The Board has granted service connection for a low back disorder, finding that it is secondary to the Veteran's service-connected right and left knee disabilities.

The Veteran withdrew his appeals for left ankle injury, low back injury, and sinusitis. The Board has dismissed these issues as the appeal is withdrawn.

The Veteran's claim for a higher rating for her service-connected lumbosacral strain is remanded due to pre-decisional errors and the need for additional medical examination. The VA also needs to obtain private treatment records from Ketan B. Patel.