Back / lumbar spine Board decisions

The Board has remanded the claims for service connection of various conditions including right knee, left knee, back, diabetes mellitus, peripheral neuropathy in bilateral extremities, hypertension, and heart condition due to incomplete development.

The appeal for a disability rating in excess of 60 percent for neurogenic bladder is dismissed. The appeals for major depressive disorder, migraine headaches, spinal stenosis with IVDS and DDD, left lower extremity lumbar radiculopathy, and right lower extremity lumbar radiculopathy are all REMANDED.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's diagnosed obesity, which is related to his service-connected right and left knee disabilities, was a result of his service-connected conditions. The decision resolves all reasonable doubt in favor of the Veteran.

The Veteran's service-connected low back injury with degenerative changes at L4-5 is currently rated at 20 percent, effective January 10, 2023. The Board denied an increased rating for the period prior to this date.

The Veteran's right ankle condition, degenerative disc disease of the lumbar spine with intervertebral disc syndrome and resultant spinal fusion with radiculopathy of the right lower extremity, and right foot drop are all granted. The Veteran is assigned a 20% disability rating for his right ankle condition.

The Veteran's diabetes mellitus, type II is granted based on direct evidence of herbicide agent exposure. The low back disorder, headache disorder, and residuals of frostbite are remanded for further examination.

The Board has reopened the Veteran's claims for service connection for degenerative disc disease of the lumbar spine and retropatellar pain syndrome of the left knee as secondary to his service-connected right knee condition. The case is remanded for further development.

The Veteran's service connection claims for respiratory disorders, low back conditions, and left leg sciatica have been denied. The Board found that the current diagnoses are less likely than not related to service.

The Veteran's TDIU claim is granted for the period from January 1, 2018 to January 28, 2020. The claims for an initial compensable disability rating for service-connected surgical scars of the right shoulder and service connection for a low back disability are remanded.

The Veteran's claim for a higher rating for his lumbar strain s/p lumbar decompression surgery with IVDS is being remanded due to the need for additional medical examination and records review.

The Veteran's appeals for increased ratings for cervical and thoracolumbar spine disabilities were denied because he failed to appear for VA examinations without providing good cause.

The Veteran's service-connected disabilities did not preclude him from obtaining and maintaining substantially gainful employment, as he was still employed at the time of his death.

The Board has denied service connection for chronic mycotic infections of the right and left feet, finding that there is no evidence in the record to support a nexus between these conditions and active service.,Service connection for low back disorder, respiratory disability (including asthma and COPD), erectile dysfunction associated with low back disorder, and sciatic radicular pain and weakness of the legs are remanded due to insufficient development and examination.

The Veteran's lumbar spine disability is now rated at 40% effective March 11, 2005.,Left lower extremity sciatic neuralgia was granted service connection effective October 11, 2005.

The Veteran's service-connected disabilities prior to February 3, 2010 did not meet the schedular requirements for a TDIU rating. The Board has determined that there is a reasonable possibility of unemployability due to his service-connected disabilities and refers this matter to VA's Director of Compensation Service for extraschedular consideration.

The Veteran's claim for service connection for a low back disability is being remanded due to the submission of new and material evidence. The claim for service connection for an acquired psychiatric disorder, including bipolar II disorder and polysubstance use disorder (claimed as opioid use disorder), is also being remanded.,A VA opinion is needed regarding whether the Veteran's low back disability and acquired psychiatric disorders are related to his service-connected right knee disability.

The Veteran's lumbar spine degenerative disc disease is currently rated at 40 percent, but the Board finds that it does not warrant a higher rating due to limited range of motion.,The Veteran's bilateral sciatic nerve radiculopathy is currently rated at 10 percent each side. The Board finds no basis for a higher rating as there is no evidence of moderate or severe incomplete paralysis.

The Veteran withdrew his appeal for an increased rating for degenerative arthritis of the lumbar spine, resulting in dismissal of the case.

The Board has remanded the cases for further development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of the Veteran's obstructive sleep apnea and back disorder.

The Board has remanded the claims for service connection for obstructive sleep apnea (OSA) and entitlement to a total disability rating due to individual unemployability (TDIU). The primary issue is whether obesity, which may be an intermediate step between the Veteran's service-connected disabilities and his OSA, caused or aggravated the Veteran's OSA. Additional development is needed to address this question.