Back / lumbar spine Board decisions

The Board granted a 40 percent evaluation for the Veteran's thoracolumbar spine disability and a total disability rating based on individual unemployability (TDIU) effective April 3, 2007.

The Board granted service connection for tinnitus and a right shin scar, dismissed the claim for a right foot condition, denied the claim for a right shoulder condition, and remanded claims for back, bilateral hearing loss, stomach problems, sleep apnea, right leg pain, and left knee conditions.

The Board denied service connection for all the conditions listed as there was no evidence to support a finding that any of these conditions were related to the Veteran's active military service.

The Board denied service connection for obstructive sleep apnea, left hip disability, left shoulder disability, back disability, cervical spine disability, right carpal tunnel syndrome, left carpal tunnel syndrome, and tinnitus as the evidence did not support a current diagnosis of these conditions or their relation to active-duty service.

The Board denied increased ratings for tension headaches, GERD, lumbosacral strain, erectile dysfunction, and bilateral pes planus, but granted a separate rating of 10 percent for bilateral plantar fasciitis. The appeal was remanded to provide an adequate examination for the right ankle sprain.

The Board remands the claims for an initial rating in excess of 10 percent for degenerative disc disease with spinal stenosis, status post fusion surgery and a compensable rating for a lumbar spine surgical scar to provide the Veteran an opportunity for VA examinations.

The Board denied the veteran's claims for increased rating and service connection, as there was no evidence of current disabilities or a nexus to service.

The Board denied the Veteran's claims for increased ratings for various radiculopathies and granted an initial 30 percent rating for cervical spine intervertebral disc syndrome, spondylolisthesis and residual status post cervical spine fusion with hardware, as well as a TDIU.

The Veteran's claim for an effective date of January 6, 2022, for assignment of a TDIU was granted.

The reduction in the evaluation of service-connected lumbar spine degenerative arthritis from 20 to 10 percent disabling was proper, and restoration of the 20 percent rating is not warranted.

The appeal of the proposed rating reduction for degenerative arthritis of the lumbar spine was dismissed due to it not being a final decision upon which an appeal may be initiated. The claim for service connection for left knee disability is remanded for further development.

The Board denied service connection for chronic bronchitis, chronic sinusitis, irritable bowel syndrome (IBS), bowel inconsistency, restrictive food intake disorder, a bilateral ankle condition, a neck disorder, and a heart disorder as the evidence does not reflect that the Veteran has a current diagnosis of these disorders. The claim for PTSD due to military sexual trauma was denied based on the lack of a current diagnosis.

The Board remands the claim for a VA medical opinion to address the nature and etiology of the Veteran's back disability.

The Veteran's claims for service connection and increased ratings were dismissed due to an improper concurrent election of review options.

The Board granted service connection for an acquired psychiatric disorder, diagnosed as insomnia, secondary to the Veteran's service-connected tinnitus. The claims for a chronic cough and lumbar spine disorder were remanded for further development.

The claims for increased ratings for degenerative disc disease lumbar spine and PTSD were dismissed due to the Veteran's death during the pendency of the appeal.

The Board remands the claim for a low back disability to obtain an adequate VA opinion regarding its etiology and whether it is related to service.

The Board granted eligibility for the direct payment of fees to the appellant from past due benefits awarded in the portion of a July 2023 rating decision granting higher ratings for epilepsy and migraine headaches, but denied it for lumbar strain and cognitive disorder.

The Board denied a rating in excess of 10 percent for lumbosacral strain with intervertebral disc syndrome based on the evidence showing that the Veteran's forward flexion remains greater than 60 degrees and his combined range of motion of the thoracolumbar spine continues to exceed 120 degrees, even with repeated use over time.

The claims for service connection for sleep apnea, a lumbar spine disorder, and bilateral hearing loss were reopened but denied. The claims for service connection for headaches to include as secondary to tinnitus and an acquired psychiatric disorder to include PTSD are remanded.