Back / lumbar spine Board decisions

The Board has remanded the case due to challenges raised by the Veteran regarding the qualifications of the VA examiners who provided opinions on sleep apnea. The AOJ is required to obtain and provide information about the credentials of these examiners.

The Board has remanded the issues of service connection for left and right lumbar radiculopathy and vertigo due to complications with his diabetes mellitus.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, thus entitling him to special monthly compensation based on the need for aid and attendance. The issue of SMC based on being housebound is dismissed as moot due to the grant of SMC by reason of aid and attendance.

The Board denied service connection for PTSD, BPH, sleep apnea, and several other conditions due to a lack of current diagnoses or credible evidence linking these conditions to the Veteran's military service.,Service connection was granted for tinnitus.

The Board has remanded the cases for further examination and rating of the Veteran's service-connected low back disability and neck disability due to incomplete range of motion testing in previous examinations.

The Veteran's thoracolumbar spine disability was granted an initial rating of 20% prior to April 21, 2016. From April 21, 2016 to February 22, 2017, the Veteran received a 40% rating for his thoracolumbar spine disability. The Board denied a higher rating for this period and remanded the issues of bilateral knee disability and TDIU from June 1, 2011 to July 8, 2013.

The Veteran's lumbar spine disability is rated at 40 percent throughout the pendency of this claim. Ratings for his left and right lower extremity sciatic nerve disabilities are also granted.

The Board dismissed the appeals as to service connection for a low back disorder, hypertension, and a respiratory disorder due to the Veteran's death.

The Board has granted service connection for obstructive sleep apnea, but denied the claims for left knee disability, right foot ingrown toenails, and low back disability. The issues of service connection for right knee disability and left and right foot numbness are remanded.

The Board has remanded the cases for further development and to provide adequate medical opinions regarding the etiology of the Veteran's back disability and right leg disability, including whether they are related to service or secondary to his service-connected pes planus.

The Veteran's service-connected disabilities did not preclude him from securing and maintaining a substantially gainful occupation prior to January 28, 2014.

The Board has remanded the Veteran's claim of service connection for fibromyalgia due to inconsistencies in medical opinions and incomplete records. The Veteran contends her symptoms began shortly after arriving at Midway Island, but a November 2020 examiner found no current diagnosis of fibromyalgia.

The Board denied a rating in excess of 10 percent for the Veteran's lumbar spine disability, finding that her symptoms did not warrant such a higher rating based on the degree of forward flexion and other factors. The current 10 percent rating is maintained.

The Veteran's claim for a separate compensable rating for nerve impairment and entitlement to TDIU was denied as there is no current diagnosis of these conditions, and the Veteran is not unemployable due to his service-connected disability.

The Board has determined that there was no substantial compliance with the December 2018 Board remand instructions and thus, the issues on appeal must be remanded for further development.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under the applicable VA rating criteria.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for lumbar spine disability and TDIU due to outstanding evidence and need for further examination.

The Veteran's sleep apnea is remanded for a VA examination to determine if it is at least as likely as not caused or aggravated by his service-connected disabilities. His eligibility for SMC based on the need for regular aid and attendance of another person is also remanded.

The Board has remanded the Veteran's claims for additional development to comply with prior instructions and obtain relevant records from the Social Security Administration.

The Board has remanded the Veteran's claims for service connection due to incomplete medical records and requests for authorization forms.