Back / lumbar spine Board decisions

The Board has remanded the claims due to a duty to assist error regarding the Veteran's worker's compensation records. These records are needed to determine if his current disabilities are related to service.

The Board has restored the Veteran's disability rating for back disability from 40% to 40%, effective January 1, 2020, finding that the reduction was improper due to actual improvement in the Veteran's service-connected condition.

The Board has granted revision of the August 2023 rating decision that assigned a noncompensable disability rating for hypertension, and assigned a 10 percent disability rating. The claim of service connection for back disability is remanded due to inadequate VA examination.

The Board has determined that the VA did not properly consider evidence from earlier periods of service and failed to adequately address the relationship between the Veteran's low back disability and his service-connected feet. The claims are being remanded for further development.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claims for neck, back, right knee, left knee, right shoulder, and left shoulder disabilities. The claims are being remanded due to a duty to assist error.

The Board has remanded the claims for Obstructive Sleep Apnea and Lumbar Degenerative Disc Disease due to insufficient evidence in the current record.

The Board has dismissed the claims of service connection for a back disability and a right shoulder disability due to jurisdictional issues.

The Veteran's claim for an effective date prior to September 11, 2012 for the grant of service connection for PTSD was denied.,The Veteran's lumbar disability is rated at the highest available schedular rating (10 percent).,The Veteran's scar, right lower extremity does not meet the criteria for a compensable rating.,From November 27, 2017 to August 13, 2018, the Veteran's surgical scar, right foot is rated at the highest available schedular rating (10 percent).,The Veteran's hallux valgus is rated at the highest available schedular rating.,Service connection for chest/heart pain, hypertension, and an unspecified neurological disorder are remanded.,Service connection for a total disability rating based upon unemployability due to service-connected disabilities (TDIU) is also remanded.

The appeal was dismissed due to the Veteran's death, and no final decision can be made for his claims.

The Board has determined that new and relevant evidence has been presented to warrant readjudication of the claims for service connection for lower back, right knee, and left knee conditions. The claims are being remanded for further development.

The Veteran's PTSD claim is dismissed. Service connection for a lumbar spine disability, cervical spine disability, and residuals of a right thumb fracture are granted.

The Board denied the veteran's claim for service connection for a back disability, finding that there was insufficient evidence to establish a nexus between his current back pain and an in-service event or injury.

The Board has vacated the February 2022 decision dismissing claims for increased ratings of right knee and thoracolumbar spine disabilities, and remanded these issues for further development.

The Veteran's appeal for service connection for unspecified depressive disorder and migraine headaches prior to September 28, 2018 has been dismissed.,The Veteran's appeal for service connection for a cervical spine disability is remanded.

The Board denied service connection for a back disability and right ear hearing loss, finding that the evidence did not support a link to service.,There is no indication of any current or in-service hearing loss issues.

The Board has decided to remand two issues related to the Veteran's service-connected low back disability, including a request for an evaluation higher than 40 percent from June 14, 2019, and a request for an earlier effective date for the award of an increased rating.

The Veteran's lumbosacral strain is rated at 40 percent, and separate ratings of 20 percent are assigned for left and right lower extremity radiculopathy throughout the appeal period.

The Veteran's bilateral hearing loss is granted as service-connected. The low back condition claim is remanded due to a duty-to-assist error.

The Board has remanded the claim for further development due to duty-to-assist errors in the June 2019 rating decision, including inadequate consideration of medication effects and failure to provide passive range of motion measurements.

The Board has decided to remand the Veteran's claims for neck/upper back disability and headaches due to inadequate VA medical opinions. The AOJ will obtain new opinions addressing the etiology of these conditions.