Back / lumbar spine Board decisions

The Board dismissed the claims for an earlier effective date for special monthly compensation and service connection for right knee, left knee, low back, and right elbow disabilities due to a concurrent election issue.

The appeal was dismissed due to the Veteran not filing a Notice of Disagreement within one year of receiving notice of the respective decisions, and no good cause for extending the time limit was shown.

The Board remands the claims for an initial rating in excess of 10 percent for right hip degenerative arthritis and a higher rate of special monthly compensation due to a pre-decisional duty to assist error.

The Board denied service connection for obstructive sleep apnea and denied increased ratings for various disabilities including back, lower extremity radiculopathy, knee, facial scar, pseudofolliculitis barbae, and erectile dysfunction.

The Board granted service connection for peptic ulcer disease and pelvic congestion syndrome, and assigned initial ratings of 70%, 30%, 60%, 30%, 40%, and 10% for posttraumatic stress disorder (PTSD), gastroesophageal reflux disease (GERD), dermatitis, migraines, lumbosacral strain, and left lower extremity radiculopathy respectively. The Board remanded the claim of an initial rating in excess of 10 percent for costochondritis.

The Board denied service connection for a right knee disability as there was no evidence of an injury during active duty, ACDUTRA, or INACDUTRA. The other claims were remanded to correct a duty to assist error.

The Board remands the claims for an increased rating for lumbar spine degenerative arthritis and entitlement to a total disability based on individual unemployability (TDIU) due to a pre-decisional duty-to-assist error.

The Board denied the Veteran's appeal for a compensable rating for his low back disability, as there was no evidence of limitation of motion or painful motion that would warrant a 10 percent evaluation.

The Board denied service connection for the veteran's heart disability, hypothyroidism, and skeletal arthritis of entire joint system. The lower back, bilateral hip, and bilateral knee disabilities were remanded for further development.

The Board granted service connection for left lower extremity radiculopathy and sinusitis, and increased the ratings for a left knee disability to 20 percent, a back disability (lumbar spine degenerative disc disease with degenerative joint disease) to 40 percent, and a right shoulder disability to 40 percent.

The Board denied the Veteran's appeal for service connection for bilateral pes planus and lumbosacral strain as the appeal was not timely filed.

The Board remands the appeal for a new VA examination to address the ameliorating effects of medication and treatment with a heating pad, as well as to obtain any outstanding chiropractic treatment records.

The Board denied the Veteran's claim for a rating in excess of 20 percent for her service-connected low back disability, finding that the evidence supported no higher than a 20 percent rating.

The Board granted an increased 30 percent rating for tension migraine from February 6, 2024, to March 13, 2024, and a 50 percent rating for sleep apnea. It denied all other claims.

The Board granted service connection for tinnitus and remanded the claims for an acquired psychiatric disability, back disability, and insomnia.

The appeal of the proposed decrease in evaluations for left lower extremity sciatic radiculopathy and lumbosacral strain was dismissed due to procedural errors.

The Board dismissed the claims for increased ratings and denied a compensable rating for right shoulder scars, while remanding several other issues including service connection for a right hand disorder.

The veteran's appeal for service connection for a lumbar spine disability and bilateral lower extremity radiculopathy was denied because the appeal was not timely filed.

The appeal was dismissed for tinnitus, and service connection was denied for bilateral hearing loss, a low back condition, an upper back condition, right ankle, left ankle, right knee, left knee, and bilateral foot conditions.

The Board remands the case to schedule a new VA examination to determine if the Veteran has a current lower back disability related to his service.