Back / lumbar spine Board decisions

The Board has remanded the claims for service connection for headaches/migraines, an acquired psychiatric disorder, a low back condition, a right knee condition, a left knee condition, and bilateral pes planus due to pre-decisional duty to assist errors. The other issues have been granted.

The Board has remanded the Veteran's claims for hemorrhoids and thoracolumbar spine disability due to pre-decisional duty to assist errors. The AOJ will consider any additional evidence when readjudicating the claims.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence in the record, particularly regarding continuity of symptomatology since separation from service. The Veteran is asked to provide any VA treatment records he may have.

The Veteran's lumbosacral strain, left ankle disability, folliculitis barbae, migraines, and tinnitus are all found to be related to service.

The Veteran's claim for a clothing allowance in 2020 was denied because shoes, which are not classified as articles of clothing by VA, were used due to service-connected disabilities. The Board found that the use of open-back shoes did not qualify under the criteria set forth in 38 C.F.R. § 3.810(a).

The Veteran is granted an effective date of March 14, 2018 for the grant of service connection for PTSD.,Service connection for left shoulder disability was granted on May 14, 2019 with a rating of 100% from November 2, 2018.

The Veteran's claims for increased ratings and entitlement to a total disability rating based on individual unemployability (TDIU) are being remanded due to pre-decisional duty to assist errors. The AOJ is instructed to provide the Veteran with notice of his right to a hearing, schedule him for examinations regarding his headaches and watery eyes, and determine whether he has functional ankylosis of the spine.

The Board has dismissed the appeal for hearing loss and granted service connection for right elbow condition. The remaining issues of left elbow, cervical spine, left hand, right hand strain, left shoulder, lumbar spine, left lower extremity radiculopathy (sciatica), right lower extremity radiculopathy (sciatica), movement disorder of the leg, movement disorder of the foot, and bilateral plantar fasciitis are remanded for further development.

The Veteran's lumbosacral strain has not been found to meet or approximate the criteria for a higher rating than 20 percent.

The Veteran's service connection claims for tinnitus, back disability, and hearing loss are all granted. The claim for hearing loss is remanded due to a lack of an adequate VA examination.

The Veteran's lumbar degenerative disc disease with IVDS is rated at 40 percent, effective as of the date of this decision.,The Veteran's degenerative arthritis of the cervical spine is rated at 30 percent, effective as of the date of this decision.

The Veteran's service-connected disabilities rendered her unable to secure and follow a substantially gainful employment for the periods on appeal prior to May 2, 2020, and after June 1, 2020. For the period from March 2, 2020, to June 1, 2020, she was in receipt of a 100 percent schedular rating for total left wrist fusion.

The Veteran's claims for service connection are being remanded due to the need for additional development and consideration of VA treatment records.

The Veteran's claim for service connection for coronary artery disease, claimed as ischemic heart disease, secondary to his service-connected hypertension and atrial fibrillation is granted.,Service connection for the Veteran's back disability cannot be established as it was not incurred in or aggravated by military service.

The Board has decided that the Veteran's claim for service connection for a low back disability should be remanded due to a duty to assist error. The AOJ must afford the Veteran an examination and provide an opinion on whether her current back disabilities are related to active service, including reported in-service events.

The Veteran's lumbar strain, with grade I spondylolisthesis at L5-S1 and multilevel disc disease is rated at 40 percent. The Board finds no evidence of ankylosis or other conditions warranting a higher rating.,Left lower extremity radiculopathy is currently rated at 10 percent. The Board found the Veteran's symptoms to be mild, not meeting the criteria for moderate incomplete paralysis.

The Veteran's claims for increased ratings for bipolar I disorder and lumbosacral strain were denied as the evidence did not show that his symptoms warranted a higher rating.

The Board has granted service connection for right great toe disability and lumbar spine degenerative arthritis, status post fusion with strain and mild disc bulges. The remaining issues of service connection are remanded.

The Veteran's claims for increased ratings are being remanded due to the failure to obtain private treatment records and the need to consider the effects of medication on his disability evaluations.,There is inconsistency in the Veteran's employment history, which must be addressed to ensure accurate information for the TDIU claim.

The Veteran's appeal of the increased rating for bilateral hearing loss was erroneously docketed and dismissed as a matter of law.,Service connection for a right hip disability, arthritis, bilateral upper extremity peripheral neuropathy, bilateral lower extremity peripheral neuropathy, back disability, and left knee disability were denied due to lack of evidence supporting these claims.