Back / lumbar spine Board decisions

The Board has remanded the Veteran's claims for low back, right knee, left knee, right foot, left foot, neurological disorders (fibromyalgia and toxic encephalopathy), CFS, heart disorder, obstructive sleep apnea, hypertension, left ear hearing loss, and right ear hearing loss. The appeals are now pending with the AOJ.

The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's right lower extremity sciatica, including EMG testing if consented to by the Veteran. The issue of SMC based on need for regular aid and attendance is also pending.

The Board has reopened the previously denied claims of service connection for low back pain and inflammatory arthritis, finding new and material evidence. Service connection is granted for inflammatory arthritis.

The Board has decided that the Veteran's lumbar strain and inguinal hernia claims are remanded for further development, including a VA examination to determine if these conditions are related to active service.

The Veteran's claim for a clothing allowance due to use of custom insoles/sling supports was denied as shoes are not classified as articles of 'clothing' that can be damaged by wear and tear for purposes of a VA clothing allowance.

The Board has denied the Veteran's claims for service connection for low back disorder, right hip disorder, left knee disorder, and obstructive sleep apnea. The evidence does not support a finding that any of these conditions are related to service or a service-connected disability.,Specifically, the VA examiners found no nexus between the Veteran’s current diagnoses and her military service.

The Veteran's lumbar spine disability was granted a rating of 40 percent, effective from November 7, 2017. The Board also reopened his service connection claim for bilateral knee disability and remanded it for further action.

The Board granted a 40 percent rating for service-connected DDD of the lumbar spine effective from November 22, 2012. The Veteran's attorney argued that an earlier effective date was warranted based on constant flare-ups and hospitalizations.

The Board has remanded the Veteran's claims for additional development due to missing VA examinations. The issues include rating increases and TDIU.

The Veteran's service connection claims for multiple disabilities were denied, and the effective dates assigned are not earlier than February 27, 2017.,VA did not grant an earlier effective date for SMC at the housebound rate as the Veteran did not have a single service-connected disability rated at 100% prior to February 27, 2017.

The Board has determined that an effective date earlier than October 24, 2013 for the award of service connection for right lower extremity radiculopathy is denied. The Veteran's claim seeking an earlier effective date is not warranted as there was no clinical diagnosis of radiculopathy prior to October 24, 2013.

The Board has granted service connection for lumbar spine degenerative disc disease and right leg sciatica, as secondary to the lumbar spine condition. Service connection for papillary thyroid cancer is remanded.

The Veteran's hypertension, back disorder, skin rash in anal area, allergies, and prostate disorder were not incurred or aggravated by his military service.,There is no evidence of these conditions during the Veteran's active duty.

The Board has remanded the case due to inadequate examination reports and the need for additional development, including obtaining updated treatment records and scheduling a VA examination.

The appeal for service connection and rating of the Veteran's back, right knee, and left eye disabilities is remanded due to new evidence submitted since the last denial. The temporary total evaluation claim will be addressed after resolving the service connection issues.

The Veteran's claims for service connection for low back, right ankle, and right knee disabilities have been granted. The right knee disability was denied due to lack of in-service injury or disease. The low back and right ankle disabilities were reopened based on new evidence.

The Board denied service connection for chronic kidney disease and dismissed all increased rating claims for DJD in the shoulders, knees, and lumbar spine.

The Veteran's claims for increased ratings for his left knee, right knee, and lumbar spine disabilities have been denied. The effective dates of the granted benefits are specified.

The Veteran's mechanical low back pain with scoliosis was found to not meet the criteria for a higher rating prior to August 12, 2019 and after that date did not warrant a rating in excess of 20 percent.

The Board has remanded the Veteran's claims of service connection for left knee and lumbar spine conditions due to insufficient evidence regarding their etiology. The claims are being returned for further examination and opinion.