Back / lumbar spine Board decisions

The Board has granted service connection for right and left knee disorders, diagnosed as osteoarthritis, and a low back disorder, diagnosed as degenerative disc disease, all secondary to the Veteran's service-connected bilateral hammertoe.

The Veteran's claim for total disability due to individual unemployability on an extraschedular basis prior to August 17, 1998 is being remanded as the Board did not adequately address the Ray factors in determining whether the Veteran was able to engage in substantial gainful employment solely due to his service-connected disabilities.

The Veteran's claims for increased ratings and TDIU were granted. The rating for DDD of the lumbar spine was increased to 40 percent effective November 2, 2023. Initial ratings of 40 percent were assigned for bilateral lower extremity radiculopathies (sciatic nerve) from November 2, 2023, and for femoral nerves from November 2, 2023. TDIU was granted.

The Board denied the appellant's claims for service connection for headaches, traumatic brain injury (TBI), lumbar spine, cervical spine, and left leg disability due to a lack of qualifying service. The appellant did not serve on active duty, ACDUTRA, or INACDUTRA.

The Board has remanded the case for further development regarding increased ratings for lumbar spine disability and TDIU prior to March 18, 2020. The Veteran's service-connected conditions include lumbar strain and degenerative disc disease.

The Board has denied service connection for bilateral hearing loss and obstructive sleep apnea (OSA) due to a lack of evidence showing the presence of these conditions during service or their relationship to service. The Veteran's low back disability is also remanded for further examination and opinion.,Service connection for body aches, including fibromyalgia, was not granted as there was no diagnosis of fibromyalgia found in the VA examination.

The Veteran's claims for chronic fatigue syndrome and unspecified trauma and stressor-related disorder have been granted. The heart disability claim is remanded, as are the claims for degenerative arthritis of the lumbar spine, cervical spine, right knee, left knee, and right ankle. The Veteran's gastritis with GERD claim also requires further examination.

The Board has denied service connection for a left elbow disability due to the lack of evidence linking it to service. The remaining issues are remanded and will require further examination and medical opinions.

The Veteran's claim for a higher disability rating for his lumbar spine disability prior to February 25, 2017, and in excess of 40 percent thereafter was denied. The evidence did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has found that the VA examinations and opinions provided were inadequate, and thus the appeal is being remanded for further development.

The Veteran's claims for higher ratings for his service-connected back disability and bilateral lower extremity radiculopathies were denied. The Board found that the evidence did not support a rating higher than 40 percent for the back disability, and no higher ratings for the sciatic nerve and femoral nerve radiculopathies.

The Veteran's service connection claims for migraine condition, right shoulder condition, cervical spine condition, and lumbar back condition are granted. The claim for a right calf condition is remanded.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's lumbar spine disability is directly related to service or secondary to his service-connected bilateral knee disabilities. The Veteran will need a new VA examination to address both direct and secondary theories of entitlement.

The Board has granted service connection for thoracolumbar spine degenerative arthritis and left knee osteoarthritis, finding that the Veteran's current diagnoses are causally linked to her military service.

The Veteran's lumbar spine disability is granted an increased rating of 20 percent from August 7, 2014. The right knee disability is also granted a higher rating of 60 percent from the same date.

The Board has remanded the Veteran's claims for a higher rating for his low back disability and service connection for sleep apnea due to inconsistencies in findings regarding intervertebral disc syndrome (IVDS) and incomplete verification of periods of active duty training.

The Board has remanded the Veteran's claims for service connection for a low back disorder and left and right lower extremity neurological disorder (claimed as numbness and tingling in feet), to include as secondary to a low back disorder due to additional development being necessary.

The Board has granted service connection for low back and left knee disabilities, finding that these conditions are secondary to the Veteran's service-connected pes planus and right knee disability. The opinion provided by a private physician supports this conclusion.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine and bilateral elbow disabilities due to new evidence presented at his hearing.

The Board has vacated the July 20, 2022 decision that granted an effective date of August 10, 2010 for a TDIU because it did not consider the pre-August 10, 2010 time period. The case is remanded to determine if earlier effective dates are warranted.