Back / lumbar spine Board decisions

The Board has determined that the Veteran's positional sleep apnea is likely attributable to his active military service, and thus grants service connection for this condition.

The Board found no evidence of a chronic lumbar spine disability related to service and denied the claim.

The Board has determined that the Veteran's low back disability was not incurred in service and is therefore denied.

The Veteran's claim for service connection for a low back disability was dismissed due to his failure to provide necessary release forms for the requested medical records, which led to the abandonment of the claim.

The Veteran's back disability, including his congenital partial sacralization of the left L5 vertebra/lumbarization of S1 and degenerative arthritis and Degenerative disc disease (DDD) of the lumbar spine, was not incurred or aggravated by service. The Board finds that the current back disabilities are not related to active service.

The Veteran's claims of entitlement to service connection for a right shoulder disability, lower back disability, bilateral ankle disability, IBS with residuals of a parasite infection, and headaches have already been granted by the AMC.

The Board has remanded the claims due to incomplete development, specifically failing to obtain a supplemental VA medical opinion for the lumbar spine and rescheduling an examination for the right ankle. The Veteran's service records show complaints of back pain in service and post-service right ankle surgeries.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records prior to May 2002.

The Board finds that the Veteran does not have a current lumbar spine disability that is related to his active military service. The preponderance of evidence shows no chronic lumbar spine disability during or within one year after service.

The Board has ordered a remand to obtain an adequate VA medical opinion regarding the etiology of the Veteran's low back disorder and whether his service-connected right tibia fracture aggravated any current back disability. The case will be returned for further action.

The Board found no evidence to support a service connection claim for degenerative arthritis of the lumbar spine, as there is no credible evidence of symptoms during or immediately following service and no medical opinion linking current disability to service.

The Veteran's lumbar spine disability was rated at 40 percent from April 27, 2007 to September 17, 2008. The rating was granted as the condition met the criteria for a 40 percent evaluation based on limitation of motion and incapacitating episodes.

The Board has determined that the Veteran's neck disorder to include both orthopedic and neurological disorders is not related to a period of service, and he was not diagnosed with such within one year of separation from service. The Veteran's back disorder manifested in guarding or muscle spasm severe enough to cause an altered gait prior to February 11, 2015 and additional functional loss severe enough to cause difficulty in prolonged standing, bending, or driving which impacted the Veteran's ability to work and prevented repetitive range of motion testing from February 11, 2015. The Veteran is therefore entitled to a disability rating of 20 percent for his back disorder throughout the period on appeal.

The Board finds that the Veteran's cause of death, listed as acute respiratory failure due to COPD, was not caused or substantially contributed to by any service-connected condition. The appellant's claim for a heart disability in service is unsubstantiated and speculative.

The Board has remanded the Veteran's claims for service connection for a back disability and bilateral knee disability, as well as his claim for TDIU due to inadequate VA examinations. The case is returned to the AOJ for further action.

The Board has remanded the case to obtain medical records from the Veteran's workplace and her family doctor, as well as Dr. Wyler, in order to determine if there is a connection between the Veteran's current back conditions and her service.

The Veteran's service-connected disabilities did not meet the criteria for a TDIU on a schedular basis prior to March 11, 2011. The Board found that his combined disability rating was only 30 percent and thus did not meet the required percentage threshold.

The Veteran's claims for higher ratings of his service-connected lumbar spine disability and associated radiculopathy disabilities from February 13, 2014 were denied. The criteria for a rating in excess of 20 percent for each disability under the applicable schedular criteria are not met.

The Board has determined that service connection for anxiety disorder, not otherwise specified is granted.,Service connection for a cervical spine disability and neurologic disorder (including headaches and seizure disorder) are denied.

The Veteran's appeal is remanded due to issues related to an overpayment of VA service-connected compensation benefits. The case will be returned for further clarification and accounting.