Back / lumbar spine Board decisions

The Board has decided to remand the case due to inadequate opinions regarding the nature and etiology of the Veteran's sleep apnea, including service connection for it.

The Board denied the Veteran's claims of service connection for sleep apnea, back disability, and hypertension. The Board found that there was no evidence linking these conditions to his military service.

The Veteran's lumbar disability has been granted a rating of 40 percent prior to July 13, 2021. For the entire appeal period, he is denied a rating in excess of 40 percent.

The Veteran's claim for a higher rating for thoracolumbar spine disability prior to May 10, 2018 was denied. For the period from May 10, 2018 to June 23, 2021, her claim for a higher rating was also denied.

The Board has awarded entitlement to a schedular TDIU and is remanding the issue of entitlement to an extraschedular TDIU prior to November 16, 2015. The AOJ should also furnish an SSOC to the Veteran and his representative.

The Board has ordered a remand to obtain a retrospective medical opinion on the Veteran's lumbar spine disability prior to April 14, 2014. The examiner must consider all evidence of record and provide complete rationales for any opinions reached.

The Board has decided to remand the Veteran's claim for service connection of his lumbar spine condition due to a lack of compliance with previous remands and the need for a new medical opinion.

The Board denied the Veteran's claim for service connection for a disability manifested by joint and muscle pain, including lumbar strain due to lack of evidence showing that the condition had its onset in service or was related to an in-service disease, injury, or event.

The Veteran's appeal is being remanded due to the need for additional development and medical opinions regarding his service-connected lumbar spine disability, as well as a heart disability that may be secondary to his service-connected Grave's disease.

The Veteran's TDIU claim is granted. The Board finds that the Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, particularly PTSD and right knee/lumbosacral spine disabilities. His initial rating claims are remanded as new examinations are necessary given the lack of adequate testing in previous VA examination reports.

The Board denied the Veteran's claims for SMC based on need for regular aid and attendance, compensation under 38 U.S.C. § 1151 for back disability, bilateral foot disability, and leg disability due to lack of evidence showing he is in need of regular aid and attendance or permanently bedridden.

The Veteran's neck disorder is being remanded for further development as the VA medical opinion did not address his lay statements regarding the onset and continuity of symptoms.

The Veteran's left leg numbness is found to be etiologically related to his service-connected lumbar spine disability. The claims for increased initial ratings for the service-connected lumbar and cervical spine disabilities are remanded.

The Board has remanded the cases for further action due to procedural errors and need for additional evidence. Specifically, a VA examination is required to determine if the Veteran needs aid and attendance, and the matter of TDIU prior to October 1, 2012 must be referred to the Director, Compensation Service.

The Veteran's bilateral shoulder disability and lumbar spine disability were denied. The bilateral shoulder disability was not service-connected, and the lumbar spine disability did not meet the criteria for a higher rating.

The Board denied higher ratings for the Veteran's low back and left ankle disabilities, finding that the criteria for a rating higher than 40 percent for the low back disability have not been met. The criteria for a rating higher than 20 percent for the left ankle disability have also not been met.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection of a lumbar spine disorder, pes planus, and gastrointestinal (GI) disorders. However, the claim for service connection of pes planus is reopened due to the submission of new evidence. The case is REMANDED for further development regarding the nature and etiology of the Veteran's pes planus, neck disorder, and GI disorder.

The Veteran's appeal for higher ratings for coronary artery disease and lumbar degenerative disc disease has been remanded due to the need for further development.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the effective date for the grant of service connection for PTSD was appropriately assigned as July 15, 2013.

The Veteran's claim for increased ratings for his low back disability was denied as the evidence did not show that he met the criteria for a higher rating under any applicable diagnostic codes.