Back / lumbar spine Board decisions

The Board granted service connection for residuals of a left knee injury, sinusitis, and irritable bowel syndrome (IBS), and granted higher ratings of 40 percent each for thoracolumbar spine disability, radiculopathy in the left lower extremity, and headaches.

The Board remands the claims for a rating in excess of 30 percent, prior to April 16, 2019, and in excess of 50 percent thereafter, for bilateral plantar fasciitis with pes planus with scar; a rating in excess of 40 percent for degenerative disc disease thoracic back strain; a rating in excess of 30 percent for migraine headaches; a rating in excess of 30 percent for sinusitis with rhinitis; and service connection for obstructive sleep apnea (OSA) due to duty-to-assist errors.

The Board denied an initial evaluation higher than 30 percent for service-connected persistent depression with anxious distress and remanded the claims for service connection for various conditions.

The Board granted service connection for a back disability and sciatic radiculopathy of the right lower extremity, both found to be secondary to the Veteran's service-connected plantar fasciitis.

The Board denied the Veteran's claim for an initial compensable rating for pseudofolliculitis barbae and remanded claims for service connection for bilateral tinnitus, a low back disability, generalized anxiety disorder, and left lower extremity radiculopathy.

The Board remands the claim for service connection of cervical spine degenerative disc disease to allow for readjudication based on new and relevant evidence.

The Board granted service connection for a back condition but dismissed claims for anxiety, depression, PTSD, right hip replacement, kidney stones, and denied service connection for actinic keratosis.

The Board granted effective dates of February 5, 2022, for the grants of a 40 percent rating for status/post lumbar spine fusion surgery and a 20 percent rating for right lower extremity (RLE) radiculopathy.

The Board granted service connection for major depression disorder and PTSD, but denied earlier effective dates for the back disability and right lower extremity radiculopathies.

The Board granted a 50 percent disability rating for major depressive disorder with anxiety from August 31, 2019, and denied an effective date prior to August 31, 2020, for the grant of service connection and separate ratings for bilateral lower extremity radiculopathy.

The Board grants service connection for lumbosacral strain, neck condition (anterior cervical discectomy and fusion spanning C5 to C7), left upper extremity radiculopathy, and right upper extremity radiculopathy, all as secondary to the Veteran's now service-connected lumbosacral strain.

The Board remands the case to clarify whether the Veteran's employment during the appeal period equated to marginal employment, as her service-connected conditions may meet the schedular criteria for a TDIU.

The Board granted service connection for cervical strain with degenerative disc disease and lumbosacral strain, finding that the Veteran's injuries during service led to current disabilities.

The Board granted service connection for a lumbar spine disorder based on the evidence of record, including a private opinion linking the condition to the Veteran's military service.

The Board denied service connection for diabetes and a compensable rating for bilateral hearing loss, while remanding several other claims including lumbar spine disability, lower extremity radiculopathy, allergic rhinitis, nasal fracture, hemorrhoids, and insomnia.

The Board remands the claims for service connection for a back disability and bilateral lower peripheral neuropathy to correct a pre-decisional duty to assist error.

The Board remands the claim for a lumbar spine condition to the AOJ for additional development, including an addendum opinion regarding the etiology of the low back condition.

The appeal for service connection for a low back condition was dismissed as the notice of disagreement was not filed within one year of the December 2020 rating decision.

The Board remands the claims for service connection for a lower back condition and a disability manifested by gastrointestinal symptoms, other than the service-connected hiatal hernia, as further development is necessary.

The Board remands the appeal for eligibility under the Department of Veterans Affairs (VA's) Program of Comprehensive Assistance for Family Caregivers to correct an AOJ error in satisfying a regulatory and statutory duty, which has a reasonable possibility of aiding in substantiating the appellant's claim.