Back / lumbar spine Board decisions

The Board has decided to remand the case due to a lack of adequate examination and consideration of service treatment records. The Veteran's claim for service connection for a recurrent lumbar spine disability is being returned for further evaluation.

The Board has remanded the claims for service connection for low back disability and tension headaches due to a pre-decisional error in not obtaining an adequate direct service connection opinion. The Veteran's lay statements will be considered, but there are no documented complaints or treatment in service.

The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.

The Veteran's lumbosacral strain and IBS ratings are maintained, while the rating for obstructive sleep apnea is restored.

The Board has denied the Veteran's claims for service connection for erectile dysfunction, sleep apnea, left knee condition, right knee condition, low back condition, and neck condition as these conditions are not shown to have had their onset or be otherwise directly related to his period of honorable active-duty service from March 15, 2003, to August 8, 2003, and from October 17, 2005, to November 3, 2013.

The Veteran's initial rating for left and right shoulder degenerative arthritis was denied. The Veteran also had his cervical spine radiculopathy granted, as well as a grant of service connection for lumbar spine degenerative arthritis effective March 13, 2018.,The Veteran's allergic rhinitis was granted effective December 27, 2021.

The Board has granted service connection for left hip and low back disabilities as secondary to the Veteran's service-connected right knee disability. Service connection for left knee disability was denied.

The Veteran's appeal for earlier effective dates for service connection of various conditions has been dismissed as the claims are final due to lack of timely appeal within one year of the October 2009 rating decision.

The Board has granted service connection for the Veteran's myofascial lumbar spine pain syndrome, finding that his current condition is a continuation of and caused by his in-service back injuries.

The Board denied the Veteran's claims for service connection for right knee, low back, and left shoulder disabilities due to a lack of current diagnoses or evidence of functional impairment.

The Board denied service connection for a lower back disorder, finding that the preexisting spondylolisthesis did not increase in severity during active duty and was not aggravated by service.

The Veteran's appeal to increase his rating for his low back disability was dismissed because he withdrew the appeal before a decision could be made.

The Board has remanded the Veteran's claims for higher ratings for IBS, lumbar spine disability, and lower extremity radiculopathy due to a procedural error in providing notice of his right to a hearing.

The Board has remanded the claims for service connection for left forearm pain, lumbosacral strain (claimed as lower back pain), and bilateral foot disabilities due to pre-existing duty-related injuries. The VA examiner is requested to consider the Veteran's STRs and his lay statements regarding in-service duties, injuries, and symptoms.

The reduction of the Veteran's evaluation for his back disability from 60 percent to 40 percent was improper, and the appeal is granted. The rating in excess of 60 percent for a back disability is denied. The ratings in excess of 20 percent for right lower extremity radiculopathy and left lower extremity radiculopathy are also denied.

The Board has remanded the Veteran's claims for erectile dysfunction, ankle, elbow, hip, knee, shoulder, wrist, and back disabilities due to incomplete VA opinions. The Veteran is requested to undergo further examination to determine if these conditions are related to service.

The Board has remanded the case due to a failure by the AOJ to notify the Veteran of his right to a pre-decisional hearing before the AOJ.

The Board has granted service connection for right and left knee disabilities, as well as secondary right and left hip disabilities and a lumbar spine disability. The cervical spine condition claim was denied.,Service connection is also granted for bilateral hearing loss due to in-service hazardous noise exposure.

The Board has granted service connection for lumbar condition, left knee condition, LLE radiculopathy as secondary to service-connected lumbar condition, RLE radiculopathy as secondary to service-connected lumbar condition, and OSA as secondary to service-connected diabetes and orthopedic conditions.

The Board denied an effective date prior to December 9, 2024 for a 40% rating for lumbar strain with nonallopathic lesion sacral sacroiliac as the Veteran did not file a Decision Review Request within one year of receiving a final rating decision in January 2024. The Board found it was not factually ascertainable that his service-connected back disability increased in severity to warrant a 40% rating prior to December 9, 2024.