Back / lumbar spine Board decisions

The Board denied service connection for a lumbar spine disability and granted a 10 percent rating, but not higher, for left eye pseudophakia with corneal and conjunctival scarring. The claim for an initial compensable rating for bilateral dry eye syndrome was remanded.

The Board has dismissed the appeals of claims for effective dates earlier than January 29, 2018 for service connection for bilateral hearing loss and tinnitus. The appeal is REMANDED for further development on issues including low back disorder, diabetes mellitus type 2, psychiatric disorders, and bilateral hearing loss.

The Board denied service connection for Degenerative Joint Disease (DJD) of all joints, other than the lumbar spine and Respiratory disability including Chronic Obstructive Pulmonary Disorder (COPD) and emphysema. The decision found that there was no evidence to support these conditions were incurred or aggravated by service.

The Veteran's claims for service connection were denied. The right hip disorder and flat feet claims are denied as new evidence did not relate to an unestablished fact necessary to substantiate the claim, and there was no aggravation of pre-existing conditions. Bilateral hearing loss is granted, but back, left hip, and knee disorders are denied.

The Veteran withdrew his appeals regarding the claims of service connection for pinguecula, an initial compensable rating for bilateral cataracts, an initial rating in excess of 10 percent for low back disability, and an initial rating in excess of 30 percent for an acquired psychiatric disorder.

The Board has remanded the claim for a low back disability due to insufficient evidence and need for an addendum opinion. The Veteran's service treatment records do not provide sufficient information on his back condition during service.

The Veteran's request for restoration of a 20 percent rating for low back degenerative disc disease is granted. The claims for an increased rating for bipolar disorder and TDIU are remanded due to outstanding records.

The Board denied a higher disability rating for the Veteran's service-connected degenerative arthritis of the lumbar spine, finding that it did not meet the criteria for a rating greater than 20 percent.

The Board has granted service connection for a lumbar spine disability, bilateral lower extremity radiculopathy, and a lumbar hernia as secondary to the Veteran's now service-connected lumbar spine disability.

The Veteran's migraines are found to have started during service and continue today, meeting the criteria for service connection.,While there is no direct evidence linking the lumbar spine disability to service, the Board finds that the Veteran's consistent reports of in-service injuries and symptoms since discharge meet the continuity of symptomatology requirement, granting service connection on a secondary basis.,The radiculopathy of the bilateral lower extremities is found to be related to the Veteran's service-connected lumbar spine disability.

The Board has remanded the case due to inadequate medical opinions and requests for additional development, including obtaining VA treatment records since September 2020.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's service-connected disabilities caused or aggravated his sleep apnea. The examiner is requested to provide an addendum opinion addressing these issues.

The Veteran's claims for service connection of various conditions have been remanded due to the need for additional medical examinations and opinions. The issues include chronic fatigue syndrome, fibromyalgia, irritable colon syndrome, GERD, small bundle fiber neuropathy, a low back disorder, sleep disorders, hypogammaglobulinemia, osteoporosis, rheumatoid arthritis, and an acquired psychiatric condition.

The Board dismissed the appeal because the appellant requested to withdraw it prior to a decision being made.

The Board has remanded the case due to inadequate reasoning in a previous opinion and issues regarding the significance of the Veteran's limp or altered gait. The Veteran is seeking service connection for his low back disability, which he claims was caused by his service-connected left lower extremity shell fragment wound residuals.

The Board has remanded the cases for further development due to outstanding private treatment records and VA treatment records from March 2020 onward.

The Veteran's claim for a disability rating in excess of 60 percent prior to August 1, 2019 for lumbar spine degenerative arthritis with lumbar spine strain was denied.,The reduction from 60 percent to 40 percent effective August 1, 2019 was upheld.,The Veteran's claim for a disability rating in excess of 40 percent from August 1, 2019 for the same condition was denied.,The Veteran's claim for a total disability evaluation based on individual unemployability and special monthly compensation by reason of being housebound or needing regular aid and attendance were also denied.

The Veteran's radiculopathy of the right thigh is rated at 10 percent, and his lumbar sprain with residual myofascial pain is rated at 20 percent. The Board denied a higher rating for both conditions.

The Veteran's degenerative arthritis of the lumbar spine with L5/S1 spondylolisthesis is currently rated at 20 percent, and the Board finds this rating to be appropriate based on his symptoms.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent from April 5, 2007 to July 26, 2009 and for a disability rating in excess of 20 percent for a lumbar spine disability from July 27, 2009 due to outstanding VA treatment records and the need for an adequate examination.