Back / lumbar spine Board decisions

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine, depressive disorder, and bilateral hearing loss were denied as new and material evidence was not received to reopen these claims. The Board found that the current disabilities did not have their onset during service or are otherwise related to active duty service.

The Board has determined that the Veteran's claims for service connection related to left foot, ankle, knee, and back disabilities are remanded due to a duty to assist error. The Veteran is not required to have an underlying diagnosis of arthritis or other specific condition; pain alone can constitute a disability under VA law if it results in functional impairment.

The Veteran's cervical spine disability is rated at 10 percent, effective January 2, 2018. The claim for an increased rating in excess of 10 percent remains denied.,Right upper extremity radiculopathy associated with cervical spine disability was not granted a separate rating as the evidence did not support such a finding.,The Veteran's chronic strain of the thoracic and lumbosacral spine with degenerative arthritis and deformity of coccyx is rated at 20 percent, effective January 24, 2017 to December 10, 2019. The claim for an increased rating in excess of 20 percent remains denied.,The Veteran's low back disability was rated at 20 percent from December 11, 2019 onwards. The claim for an increased rating in excess of 20 percent remains denied.,Right lower extremity radiculopathy associated with chronic strain of the thoracic and lumbosacral spine was not granted a separate rating as the evidence did not support such a finding.

The Veteran's service connection claims for degenerative disc disease cervical spine, degenerative disc disease thoracolumbar spine, sciatica (right and left lower extremities), and herniated cervical disc have all been granted. The conditions are found to be related to service.

The Veteran's appeal for service connection for a respiratory disorder has been withdrawn. The Board has remanded the claims for service connection for bilateral hip disorder, thoracolumbar spine disorder, rhabdomyolysis, and tinnitus.

The Board has determined that more development is necessary for the Veteran's claims of entitlement to an increased rating for coccydynia and service connection for a low back disability, as secondary to his service-connected coccydynia. The Veteran will be scheduled for VA examinations to address these issues.

The Veteran's lumbar spine disability is granted service connection. The issues of right hip limitation of extension and flexion, as well as the right thigh impairment are all granted initial ratings.

The Veteran's lung cancer was rated at 100% permanent, and the issues of special monthly compensation based on need for aid and attendance, increased rating for left foot disability, and increased rating for lumbar spine disability were pending at the time of his death. The appellant is granted as a substitute party for these issues.

The Board denied a rating in excess of 50 percent for PTSD and did not grant the Veteran's request for a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 have been dismissed due to the failure to timely file a Notice of Disagreement.,New evidence has not been received to reopen the Veteran's claims.

The Veteran withdrew her appeals regarding increased rating for Meniere's syndrome with tinnitus, service connection for thoracolumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's claims for increased disability ratings and special monthly compensation are being remanded due to the need for additional examinations related to his service-connected radiculopathies of the upper and lower extremities.

The Board has found that the Veteran's low back condition clearly and unmistakably preexisted service, but there is insufficient evidence to determine if it was aggravated during service. The case is therefore remanded for further evaluation.

The Veteran's bilateral plantar fasciitis and asthma were denied service connection as there is no evidence of an in-service injury or disease. The eye condition due to trauma, lumbar strain, and right hip pain issues are remanded for further development.,Service connection for the Veteran's current diagnoses will be reconsidered based on new evidence and examination.

The Board has granted readjudication of the Veteran's claims for service connection for a back disability and chronic multi-symptom illness, but denied both claims due to lack of evidence showing onset during active duty or within one year after discharge.

The Veteran's appeals for increased ratings of his service-connected left shoulder disability, lumbar spine arthritis, and hypertension have been dismissed due to the Veteran's withdrawal.,The Veteran's appeal for service connection for hepatitis C has also been dismissed due to the Veteran's withdrawal.

The Veteran's degenerative arthritis of the lumbar spine is rated at 40 percent, but no higher, as it has manifested as favorable ankylosis of the thoracolumbar spine.

The Board has granted service connection for a back disability, finding that the Veteran's current condition is related to his in-service injuries. The claim was reopened due to new evidence received more than one year after the last final denial.

The Veteran's claims of service connection for sleep apnea, lumbosacral strain and degenerative arthritis of the lumbosacral spine were granted. The claim for bilateral hip disability is remanded due to insufficient evidence. The claim for bilateral knee disability is also remanded.

The Board has remanded the case for referral of the claim for a TDIU to the Director, Compensation Service, for extraschedular consideration for the period prior to December 1, 2015. The Veteran's service-connected disabilities include asthma, hearing loss, lumbar spine disability, and lower lip leukoplakia residuals.