Back / lumbar spine Board decisions

The Board has denied the Veteran's claim for service connection for a low back disability, finding that his current condition did not originate in service and is not otherwise etiologically related to his active service.

The Veteran's lumbosacral strain with IVDS and spinal fusion is rated at 20 percent, effective June 4, 2013.

The Board has granted service connection for lumbar spine degenerative disc disease and secondary service connection for right lower extremity radiculopathy, both related to the Veteran's in-service back strain. The kidney cancer leading to nephrectomy is not considered service-connected.

The Veteran's claim for service connection for a low back disability was denied in November 1998 due to lack of evidence. The Board found that the November 1998 decision had CUE because it did not consider the Veteran's service records and VA examination, which supported his claim. Therefore, the Board granted service connection for the low back disability effective from when he filed his initial claim in November 1995.

The Board has remanded several issues for further development due to the need for additional evidence. The effective date of service connection for other specified stressor and trauma related disorder is being considered, but no specific rating or effective date was assigned.

The Veteran's RLE radiculopathy and DDD with spinal stenosis were granted increased ratings, effective March 28, 2020.

The Board has granted service connection for the Veteran's back disability, including degenerative arthritis and pain, finding that there is at least a balance of evidence to support this claim.

The Veteran's claims for service connection of various disorders are being remanded due to the need for additional medical examinations and evaluations.

The Board denied service connection for a low back disability and granted initial noncompensable ratings for right and left knee disabilities. The Veteran's claims for higher initial ratings remain in appellate status.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and his ability to complete a college degree and open his own business during the appeal period weighs against finding unemployability.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining a retrospective opinion regarding the Veteran's low back disability.

The Veteran's cervical spine disability is being remanded for further evaluation and rating consideration due to increased severity since the last examination.

The Veteran's back condition, LLE and RLE radiculopathy, and brain aneurysm have been granted service connection. The effective dates for these conditions are February 7, 2021.

The Veteran's appeal for a rating in excess of 10 percent for bilateral tinnitus was dismissed as the Veteran withdrew his claim prior to the promulgation of a decision.,The petition to reopen the claim for service connection for asthma and/or COPD is granted, but the petition to reopen the claim for service connection for obstructive sleep apnea is denied. The low back disability claim is also denied.

The Veteran's claims for earlier effective dates for the award of service connection for type II diabetes mellitus and diabetic retinopathy with multiple microaneurysms are denied as his claim was not received until October 24, 2017.,The Veteran's claim for an increased rating for lumbosacral intervertebral disc syndrome with degenerative arthritis is remanded due to the possibility of a factually ascertainable increase in severity within one year prior to the receipt of his claim.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including right knee disability and low back disability. The main issue is determining whether any of these conditions are related to service or other service-connected disabilities.

The petition to reopen a claim of entitlement to service connection for hypertension, claimed as high blood pressure is granted.,The petition to reopen a claim of entitlement to service connection for loss of sensation, numbness, and weakness in the bilateral upper extremities is granted.,The petition to reopen a claim of entitlement to service connection for obstructive sleep apnea is granted.,The petition to reopen a claim of entitlement to service connection for a back disability is granted.,The petition to reopen a claim of entitlement to service connection for a chronic pain disability is granted.,The petition to reopen a claim of entitlement to service connection for erectile dysfunction is granted.,The petition to reopen a claim of entitlement to service connection for bilateral flatfeet is granted.,The petition to reopen a claim of entitlement to service connection for GERD is granted.,The petition to reopen a claim of entitlement to service connection for hemorrhoids is granted.,The petition to reopen a claim of entitlement to service connection for hepatitis C is granted.,The petition to reopen a claim of entitlement to service connection for a cervical spine disability is granted.,The petition to reopen a claim of entitlement to service connection for a headache disability is granted.,The petition to reopen a claim of entitlement to service connection for a sinus disability is granted.,The petition to reopen a claim of entitlement to service connection for an eye disability, claimed as dry eyes and allergies is granted.

The Veteran's lumbar spine disability is granted as service-connected. The right and left lower extremity radiculopathy are also granted as secondary to the service-connected lumbar spine disability.,Service connection for cervical spine disability, diabetes, or painful scars of the upper extremities is not warranted.

The Veteran's appeals for compensation under 38 U.S.C. § 1151 and service connection are being remanded due to the need for additional development.,Specifically, the Board is requesting complete medical opinions with detailed rationales citing appropriate medical principles for each disability and prong of these claims.

The Board has determined that additional development is necessary for the claims of service connection for various disorders, including foot fungus, nose disorder, back disorder, asthma, psychiatric disorder, sleep apnea, and hearing loss. The appeals are being remanded to obtain clarification on private treatment records and to schedule VA examinations.