Back / lumbar spine Board decisions

The Board has granted service connection for left knee osteoarthritis, right knee osteoarthritis, degenerative arthritis of the lumbar spine, and degenerative arthritis of the cervical spine. The Veteran's sleep apnea is also now considered service-connected.

The Veteran's lumbosacral strain is found to be at least as likely as not incurred in service, and the Board grants service connection for this condition.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of these issues by his attorney.

The Board has granted service connection for lumbar spine degenerative disc disease and degenerative joint disease, finding that these conditions are related to the Veteran's service-connected bilateral shin splints.

The Board has dismissed the appeal regarding service connection for a back disability, right shoulder disability, and acquired psychiatric disability due to these issues being in the legacy appeals system.

The Board has dismissed all appeals related to the Veteran's claims for service connection and increased ratings for various hearing and sinus conditions due to the appellant's withdrawal of his appeal.

The Board has decided to remand the claim of service connection for a lumbar spine disability due to inadequate medical opinions and other procedural issues.

The Board has decided to remand the Veteran's claim for service connection for degenerative disc disease and degenerative joint disease of the cervical spine with stenosis due to a duty-to-assist error. Additional development is needed, including obtaining an adequate opinion from a VA examiner.

The Veteran's appeal was dismissed because the VA Forms 10182 filed with the Board were not valid under the AMA system, and thus the issues raised could not be decided.

The Veteran's claim for TDIU and DEA was granted with an effective date of May 1, 2015. The Board found that the Veteran had marginal employment due to service-connected disabilities as of May 1, 2015.,An earlier effective date of May 1, 2015, for TDIU and DEA was granted based on the evidence showing marginal employment due to a service-connected mental disorder.

The Veteran's claim regarding the withholding of VA disability compensation benefits for 63 training days in FY 2019 is dismissed because she already received the adjustment and reimbursement.

The Board has found that new and relevant evidence (NRE) was submitted to support the Veteran's claims for service connection for low back injury and left shoulder condition. The AOJ is required to readjudicate these claims based on this NRE, including considering any potential secondary or aggravation theories of service connection.

The Veteran's claim for an earlier effective date prior to January 14, 2019, for the increase of her back disability rating to 40 percent is denied.,The Veteran's claims for ratings over 40 percent for her right shoulder disability and persistent depressive disorder are also denied. A TDIU was granted.

The Veteran's claim for a total rating based upon individual unemployability (TDIU) has been granted with an effective date of September 23, 2021. The TDIU was awarded due to the Veteran's service-connected disabilities and his inability to secure or follow substantially gainful employment.

The Board has decided to remand the case due to a duty-to-assist error regarding an examination for the low back disability. The appellant's service connection claim is being returned for further action.

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's low back disability. The VA must obtain a new opinion from an appropriate examiner.

The Veteran's claim for special monthly compensation (SMC) based on housebound benefits is denied because he does not have a single service-connected disability rated as 100 percent disabling.

The Veteran's claims for effective dates earlier than March 20, 2019 for service connection for lumbar spine disability and left lower extremity radiculopathy are denied.,The Veteran's claim for an effective date earlier than November 25, 2019 for service connection for left knee disability is denied.

The Veteran's service-connected disabilities, including lumbar strain, bilateral knee strains, and lower extremity compartment syndromes, have rendered him unable to secure or follow substantially gainful employment since his military discharge.

The Board has remanded the Veteran's claims of service connection for cervical and lumbar spine disabilities due to inadequate compliance with previous remand directives. The VA examiners provided opinions based on a lack of evidence, without fully considering the Veteran's lay statements.