Back / lumbar spine Board decisions

The Board dismissed the Veteran's appeals for service connection for a mid/lower back condition and sleep apnea due to untimely filings.

The Board dismissed the claims for service connection for chronic left hip and leg pain, upper back pain, and two instances of neck disability due to untimely Notice of Disagreement filings. The claims for lumbar spine and right foot disabilities were remanded for further development.

The Board remands the claims for a back disability, left elbow disability, right knee disability, left knee disability, and migraine headaches to address pre-decisional duty to assist errors.

The Board remands the claims for service connection for right wrist sprain, lumbosacral spine disorder, right hip replacement, shin splints, and hypertension as further development is needed to obtain VA examinations.

The Board granted service connection for low back pain and right hip pain as secondary to the Veteran's service-connected right knee disability, a 30 percent rating for migraine headaches from January 22, 2023, but denied increased ratings for dermatitis and allergic rhinitis.

The Board granted an initial 20 percent rating for right and left lower extremity radiculopathy of the sciatic nerve prior to May 24, 2016; denied a rating in excess of 20 percent from May 24, 2016, to April 17, 2018, and granted a 40 percent rating as of April 17, 2018. For the lumbar spine strain with degenerative disc disease, the Board denied an initial rating in excess of 20 percent prior to October 27, 2015; denied a rating in excess of 40 percent from October 27, 2015, to May 24, 2016, and granted a 40 percent rating from May 24, 2016, to November 26, 2018. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities as of July 15, 2015.

The Board granted separate 10 percent ratings for left and right knee instability, as well as service connection for a low back disability.

The Board remands the claims for service connection for bilateral hearing loss, tinnitus, a left ankle condition, a lower back condition, and radiculopathy of both lower extremities as they require further development.

The Board denied service connection for unspecified depressive disorder with anxious distress, back condition, headaches, bilateral hip condition, and erectile dysfunction. The Veteran was granted an earlier effective date of May 6, 2022, but no earlier, for an initial noncompensable rating for bilateral hearing loss.

The Board granted service connection for residuals of lumbar microdiscectomy, right lower extremity (RLE) and left lower extremity (LLE) lumbar radiculopathy. The claims for other conditions were remanded.

The Board dismissed the motion to revise a March 2016 rating decision based on clear and unmistakable error (CUE) without prejudice to refiling.

The Board denied the Veteran's claim for an initial rating in excess of 10 percent for a lumbosacral strain based on the evidence showing that the symptoms associated with the lower back fall within the criteria for a 10 percent rating and do not approximate the criteria for a higher rating.

The Board granted service connection for bilateral plantar fasciitis, a cervical spine disability, and a lumbar spine disability. The claims for a thoracic spine disability, bilateral lower extremity radiculopathy, bilateral upper extremity radiculopathy, bilateral tinea pedis, an acquired psychiatric disorder, to include PTSD, and residuals of buttocks surgery were denied.

The Board remands the claims for a disability rating in excess of 10 percent and 20 percent, as well as the TDIU claim, to obtain an adequate medical examination and opinion on the severity of the Veteran's service-connected disabilities without considering the ameliorative effects of medication.

The Board remands the matters of whether new and relevant evidence has been received to warrant readjudication of the issues of service connection for a back disability, neck disability, left knee disability, right knee disability, right wrist disability, and tinnitus.

The Board denied service connection for a back condition, right shoulder condition, and bilateral hearing loss as the evidence did not support an etiological link to service.

The Board granted service connection for a back disability, identified as spondylolysis at the L5-S1 disc spaces, intervertebral disc syndrome (IVDS), thoracic spine strain, and left lower extremity radiculopathy. The claims for bilateral hip disability and an acquired psychiatric disability were remanded.

The Board denied service connection for various conditions, including abnormal PSA, cerebral vascular accident, diabetes mellitus Type II, hypertension, iron deficiency anemia, peripheral arterial disease, left knee disability, lumbar spine disability, and left leg sciatic radicular pain, as the evidence did not support a causal relationship between these conditions and the Veteran's military service.

The Board granted service connection for major depressive disorder with anxious distress and denied service connection for sinusitis, bilateral hearing loss, tinnitus, right lower extremity radiculopathy, left lower extremity radiculopathy, and a lumbosacral strain.

The appeal to reverse or revise a June 1997 rating decision that denied service connection for a back condition on the basis of clear and unmistakable error (CUE) is denied.