Back / lumbar spine Board decisions

The Board has granted the Veteran's claims for service connection for a lower back condition and a right foot condition, with the latter being secondary to his lower back condition.

The Board denied the Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) prior to June 13, 2017. The evidence did not show any factually ascertainable increase in disability of his service-connected conditions within one year prior to the date of the TDIU claim.

The Veteran's appeal for hypertension has been withdrawn. The Board finds that the evidence does not support a diagnosis of an acquired psychiatric disorder, and thus service connection is denied.,Service connection for an acquired psychiatric disorder (mood disorder) is denied as there is no persuasive evidence of such a condition during or proximate to the pendency of the appeal period.

The Board has decided to remand the Veteran's claims for bilateral pes planus and low back disorder due to errors in the initial decision, including unclear findings about tenderness of plantar surfaces and lack of consideration of swelling. The claims will be reconsidered with new evidence.

The Board has determined that the Veteran's low back condition is related to his military service and grants entitlement to service connection.

The Veteran's appeal regarding service connection for hearing loss is dismissed as the Board lacks jurisdiction.,The Veteran's petition to readjudicate her claim of service connection for headaches is also dismissed due to a jurisdictional defect.

The Veteran's lumbar spine disability, including lumbosacral strain and intervertebral disc syndrome, is related to her active service.,The Board finds that the Veteran's bilateral lower extremity radiculopathy is secondary to her now service-connected lumbar spine disability.

The Board has granted effective dates of July 1, 2016 for the service connection of tinnitus, bilateral hearing loss, low back disability, left lower extremity radiculopathy, right lower extremity radiculopathy, linear scar from hernia surgery, adjustment disorder with mixed anxiety and depression, migraine headaches, epididymitis, and residual scar from hernia operation.

The Veteran's lumbosacral strain and sciatic nerve damage of the right lower extremity are granted service connection. His cervical strain, as well as his radicular nerve damage in both upper extremities, are denied.

The Board denied the Veteran's claims for service connection for sciatic nerve disability, cervical spine disability, and lumbar spine disability due to lack of a current diagnosis and insufficient evidence linking these disabilities to service.

The Board has dismissed the Veteran's appeals regarding entitlement to a compensable rating for migraine headaches, service connection for a sleep disorder, radiating pain in the right lower extremity, sinusitis, lumbar spine disorder, ganglion cyst of the left foot, depression, left foot bone sprain, bilateral hearing loss, and tinnitus. The appeals are dismissed due to improper use of an outdated appeal form.

The Veteran withdrew his appeals for service connection for pancreatitis, a back condition, hypertension, a neck condition, and sleep apnea.

The claim for cervical spine degenerative disc disease was denied in the August 2022 rating decision. New and relevant evidence has not been received to readjudicate this claim.,New and relevant evidence has been received for thoracolumbar spine degenerative arthritis and disc disease, and diffuse idiopathic skeletal hyperostosis, warranting readjudication of these claims.

The Board has granted service connection for obstructive sleep apnea as secondary to service-connected PTSD and degenerative arthritis of the lumbar spine, with obesity serving as an intermediate step.

The Board has granted service connection for a thoracolumbar spine condition, upper back pain, and lower back pain with discomfort. The Veteran's current disability is arthritis in the back, which was noted during service but not diagnosed until after separation. The Board found that there was continuity of symptomatology from service to the present day.

The Veteran's back brace caused wear and tear to his shirts, leading to the grant of a clothing allowance for 2019.,Both of the Veteran's knee braces (right and left) caused wear and tear to his pants, resulting in the grant of two additional clothing allowances for 2019.

The Veteran's PTSD is granted as service-connected based on a confirmed in-service stressor.,Service connection for lumbosacral strain is granted, with the opinion being approximately evenly balanced.,Service connection for residuals of head injury (TBI, headaches, and blurry vision) is remanded due to inadequate medical examination.

The Board has granted service connection for coccydynia and low back pain, finding that these conditions are related to an in-service injury.

The Veteran's appeal for higher level review of the September 2018 rating decision was denied due to being untimely.

The Veteran's claims for earlier effective dates and increased ratings were denied. The Board found that the earliest date available was June 16, 2014, when the Veteran first filed a claim to reopen his service connection for low back disability.,For the period prior to June 28, 2019, the Veteran's low back disability was rated at 10 percent. From June 28, 2019 to March 12, 2020, it was rated at 40 percent.