Back / lumbar spine Board decisions

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining gainful employment.

The Veteran's lumbar strain and scoliosis with degenerative arthritis and IVDS were found to not warrant a rating in excess of 10 percent prior to January 18, 2020.

The Board has dismissed the appeals as the appellant died during the pendency of these claims.

The appeal for a rating in excess of 10 percent for the service-connected lumbosacral strain with degenerative arthritis and IVDS is dismissed. The Veteran's representative requested to withdraw representation, which was granted by the Board.

The Board has determined that additional development is needed for the issues of increased evaluations for low back strain and right knee disability, as well as the issue of TDIU prior to June 14, 2011. The case will be remanded for further development.

The Veteran's back and left knee disabilities are granted as secondary to service-connected conditions, with the effective date being fixed in accordance with the facts found.,Service connection for sleep apnea is granted as secondary to his service-connected PTSD.

The Veteran's claim of service connection for insomnia has been reopened, and the Board finds new and material evidence to support this claim. The earlier effective date claims are also remanded due to incomplete VA records and potential errors in record association.

The Board has denied service connection for a right knee disability and remanded the cases for further examinations. The Veteran's claims for increased ratings are also being remanded.

The Veteran's appeals for service connection and increased ratings have been dismissed due to his withdrawal of the appeal before a decision was made.

The Board denied service connection for the Veteran's claimed conditions, finding that they were not related to his active service or due to an undiagnosed illness. The claims were also denied as secondary to pre-existing disabilities.

The Veteran's back disability, left and right lower extremity radiculopathy have been granted initial ratings of 40 percent each. Effective April 23, 2015, the Veteran is also awarded a TDIU and Basic Eligibility for Dependents' Educational Assistance (DEA). SMC based on need of regular aid and attendance has been granted from March 18, 2019 to present.

The Board has granted service connection for a low back disability, diagnosed as degenerative arthritis and lumbosacral strain, secondary to the Veteran's service-connected left knee total replacement. The right knee disability issue is remanded due to inadequate examination reports.

The Veteran's appeal is remanded due to inadequate medical opinions for his left knee and low back disabilities. The RO must obtain addendum opinions regarding the severity, frequency, and duration of any flare-ups and repeated use over time.

The Veteran's migraine headaches are granted a 10 percent rating. The Board finds the evidence reasonably shows that his migraines have characteristic prostrating attacks averaging one in two months, corresponding to the criteria for at least a 10 percent rating under DC 8100. Other issues related to left hip disability, unspecified anxiety disorder and lumbar spine disability are remanded.

The Board has decided to remand the Veteran's claims for increased rating and service connection due to incomplete medical records and need for further examination.

The Board denied the Veteran's claims for service connection for a back disability and metabolic disability, including obesity, hypogonadism, metabolic syndrome, low testosterone, hypertension, hyperlipidemia, and impaired glucose tolerance. The Board found no objective indication of a qualifying chronic disability as contemplated by 38 C.F.R. § 3.317(a)(3), (4).

The Board has remanded the case due to an inadequate VA examination, and a new one must be obtained.

The Veteran's appeal for service connection of a lumbar spine disorder has been dismissed due to the death of the Veteran during the pendency of the appeal.

The Board has remanded the case for further development, including obtaining a retroactive medical opinion to determine the severity of the Veteran's back disability from January 1, 2011 to September 30, 2019.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's low back disorder. The TDIU claim is dismissed as moot.