Back / lumbar spine Board decisions

The Board has remanded the case due to insufficient evidence regarding the Veteran's peripheral neuropathy and because his counsel withdrew representation. The claim will be returned for further action, including EMG nerve conduction testing.

The Board's decision is vacated due to the Veteran withdrawing her appeal under the Legacy Appeal system and opting into the AMA review system, resulting in the withdrawal of the original appeal.

The Veteran's degenerative arthritis of the lumbar spine, status post lumbar laminectomy is rated at 10 percent prior to November 17, 2023. The claim for an increased rating is denied as his symptoms are most nearly contemplated by the current disability ratings.

The Veteran's appeal for an increased evaluation in excess of 70 percent for PTSD is denied. The rating reduction from 20 percent to 10 percent for lumbosacral spine strain, effective March 23, 2022 was not proper; the 20 percent rating is restored.

The Board has remanded the claims for service connection for degenerative disc disease, lumbar spine; left hip condition; right hip condition; left knee pain; right knee pain; and left shoulder condition due to a duty to assist error.

The Veteran's service-connected lumbosacral strain with narrowing L4-L5 disc space, radiculopathy sciatic nerve, gastroesophageal reflux disorder, and rhinitis are found to have caused or aggravated the Veteran's obstructive sleep apnea (OSA). As a result, the Board has granted service connection for OSA as secondary to these pre-existing conditions.

An earlier effective date of March 9, 1998 for service connection for degenerative arthritis of thoracolumbar spine is granted.,The Veteran's entitlement to initial ratings in excess of 10 percent for sciatic radiculopathy of the left and right lower extremities is remanded.

The Board has remanded the claims of service connection for left knee and back conditions, finding that the VA opinions were inadequate and requiring further examination to determine the etiology and relationship to service-connected orthopedic conditions.

The Veteran's appeal for service connection for PTSD is dismissed due to the grant of service-connection for an acquired psychiatric disorder. Service connection was denied for bilateral hearing loss, left knee condition, right knee condition, and low back condition. The appeals for migraine headaches and post-concussion syndrome are remanded.

The Board has remanded all issues on appeal due to a duty to assist error prior to the May 2022 decision.,Service connection for back, left ankle, right ankle, left knee, and right knee conditions is being remanded.

The Veteran's disability rating for lumbar spine degenerative arthritis was reduced from 20% to 10%, and the Board has now restored the original 20% rating.

The Veteran's appeal for a higher disability rating for his back condition and SMC based on housebound status was denied. The Board found that the evidence did not support a finding of incapacitating episodes or unfavorable ankylosis, which are required for higher ratings.

The Veteran's claims for service connection for testicular pain, low back disability, left knee disability, right knee disability, left hand tremors, right hand tremors, vision disability, and bilateral hearing loss have all been denied. The evidence does not support a finding that any of these conditions began during or are otherwise related to the Veteran's active service.,The Board found no in-service event, injury, or disease to which the Veteran's claimed low back disability, left knee disability, right knee disability, left hand tremors, right hand tremors, vision disabilities (diabetic retinopathy and cataracts), or bilateral hearing loss may be related. The Veteran's current diagnoses of these conditions are not considered service-connected.

The Board has determined that the VA's duty to assist claimants in obtaining relevant records was not met prior to the August 2022 decision on appeal. The claims for increased ratings are being remanded to allow for additional development.

The Veteran's claim for an earlier effective date for the grant of individual unemployability (TDIU) is remanded due to new evidence received within one year of the February 2010 rating decision, which indicates that the Veteran was unable to work due to PTSD.

The Board has granted service connection for degenerative arthritis of the lumbar spine, right hip, and left hip as secondary to service-connected bilateral knee disabilities.

The Veteran's appeal for a higher rating on his right ankle condition and service connection for a back condition secondary to his right ankle condition have been denied. The denial is based on the Veteran failing to report for a scheduled VA examination, and insufficient evidence linking his back condition to his service-connected right ankle condition.

The Board has determined that the Veteran's claims are not properly decided due to inadequate medical opinions and missing treatment records. The case is REMANDED for further development.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that her service-connected conditions did not prevent her from securing and following substantially gainful employment.

The Board has granted service connection for a low back disability and secondary service connection for bilateral lower extremity radiculopathy as related to the now service-connected low back disability.,There is no specific rating assigned, effective date or exposure basis mentioned in this decision.