Back / lumbar spine Board decisions

The Board has remanded the claims of entitlement to service connection for headaches, right hip disorder, left hip disorder, back disorder, and an acquired psychiatric disorder due to a failure to provide notice regarding the Veteran's right to a hearing.

The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.

The Veteran's appeal for a higher disability rating for PTSD and the effective date of his award is dismissed. The Veteran was granted an initial disability rating of 70 percent for PTSD as of December 19, 2024.

The claims for PTSD, an acquired psychiatric disorder, memory loss/memory problems, chronic fatigue, sleep difficulties/sleep disturbances, and sleep apnea have been denied. The claim for service connection for residuals of testicular denervation and varicosectomy has been granted.

The Veteran's acquired psychiatric disorder, including major depressive disorder, generalized anxiety disorder, PTSD, and depressive disorder due to another medical condition, is granted as service-connected. The left shoulder and lower back conditions are remanded for further examination.

The Veteran's appeals for service connection of chronic fatigue syndrome, headaches, and increased evaluations for lumbar degenerative disc disease, right hip strain (limitation of extension), right knee instability, and PTSD were dismissed due to concurrent review elections. The appeal for an evaluation in excess of 20 percent for a lumbar disability was also dismissed.

The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.

The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.

The Veteran's right ankle sprain, lumbar strain, bilateral plantar fasciitis, headaches (tension), and erectile dysfunction are all granted as service connection. The Veteran's asthma is also granted as service connection. However, the Veteran's muscle pain/spasms do not meet VA compensation criteria.,Service connection for these conditions is based on their onset during or shortly after service.

The Veteran's initial compensable evaluation for hypothyroidism is denied, and the Board finds that service connection for lumbar degenerative disc disease and bilateral foot condition should be remanded due to a pre-decisional duty to assist error.

The Veteran's service-connected disabilities rendered him so helpless as to be in need of regular aid and attendance, leading to the grant of SMC based on aid and attendance.

The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.

The appeal concerning the service connection claims for various conditions and initial compensable evaluations for service-connected erectile dysfunction and bilateral hearing loss is dismissed due to the Veteran's death.

The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.

The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.

The Veteran's appeals for higher ratings on cervical strain with myofascial pain syndrome, lumbar strain with lumbar spondylosis and myofascial pain syndrome, and mixed type headaches have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has decided to remand the Veteran's claims for service connection for lower back, right hip, and right ankle disorders as secondary to his left knee disorder. The AOJ must obtain VA examinations and provide answers to questions regarding the etiology of these conditions.

The Board has denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that there is no evidence to support a link between the condition and active duty service or any other factor.

The Veteran's adenocarcinoma of the colon is granted as secondary to his service-connected other specified trauma and stressor related disorder to include alcohol use disorder. The back disability claim is remanded for further development.

The Board has granted an earlier effective date of April 5, 2022 for the award of SMC based on the need for regular aid and attendance. However, the case is remanded to obtain additional medical records and opinions regarding the Veteran's need for higher-level care.