Back / lumbar spine Board decisions

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 30, 2022, finding that it was not factually ascertainable that he became unemployable within one year prior to his formal TDIU claim.

The Veteran's headaches, including migraines, are proximately due to his service-connected PTSD.,The Veteran's right shoulder disability is proximately due to his service-connected left shoulder disability.,There is no evidence of a bilateral foot disability that was incurred in or due to the Veteran's time in service.

The Veteran's claims for service connection for a right knee disability and a back disability are being remanded due to inadequate medical examinations. The AOJ is required to provide the Veteran with VA examinations to determine if his disabilities are related to service, including as due to undiagnosed illness or MUCMI.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examinations and insufficient opinions regarding the etiology of his claimed conditions. The Veteran is required to be provided with VA examinations to determine if his current disabilities are related to his military service.

The Board has denied the appellant's claim for a separate disability rating for his bilateral lower extremity radiculopathy as it is already contemplated by the current rating assigned for his service-connected lumbar spine disability.

The Veteran's claim for service connection for lumbar strain with degenerative arthritis and disc disease was denied in March 2015. The Board found that the earliest effective date allowed under law is May 3, 2016, when the Veteran filed a new claim for his back condition.

The Board has denied service connection for low back and neck/upper back disabilities, finding that the evidence does not support a link between these conditions and military service.

The Board has remanded the Veteran's claims of service connection for a thoracolumbar spine condition and bilateral foot pain due to inadequate medical opinions and incomplete service records.

The Veteran's appeal for earlier effective date of tinnitus, service connection for myasthenia gravis, and a back condition is granted. The case is remanded to rate the newly service-connected conditions and consider entitlement to TDIU.

The Veteran's entitlement to service connection for obstructive sleep apnea as secondary to his service-connected residuals of pneumonia, including bronchitis and restriction, is granted.,The Veteran's entitlement to service connection for a heart disability as secondary to his service-connected obstructive sleep apnea is granted.

The Board has granted service connection for right knee degenerative joint disease, lumbar strain, and depression. The Board found that it is at least as likely as not that these conditions were caused by the Veteran's service.

The Board has remanded the Veteran's claims for cervical kyphosis with spondylolisthesis and lumbar scoliosis due to a duty to assist error. The Veteran is not competent to provide an etiology opinion, and VA must obtain a medical opinion addressing the theory of secondary service connection.

The Board has determined that the Veteran's back disorder is related to her service, and therefore grants her claim for service connection.

Service connection for plantar fasciitis and low back disability is dismissed as there are no eligible rating decisions in the year prior to receipt of the VA Form 10182.,Service connection for allergic rhinitis is granted based on a finding that it manifested within one year of service separation, with evidence not supporting an etiological link to service. Service connection for other stress and trauma related disorder with secondary alcohol use disorder is granted as it is linked to service.,Service connection for right shoulder disability (claimed as pain), left sciatica, and right sciatica is denied due to lack of evidence linking these conditions to service.,Service connection for hypertension is denied because there is no evidence showing a chronic condition in service or manifesting within the applicable presumptive period. Service connection for dizziness is also denied due to lack of evidence supporting an etiological link to service.

The Veteran's claims for fatigue, sleep apnea, sinusitis, and allergic rhinitis have been denied as the submitted evidence is not new and relevant.,For left knee strain and lumbosacral strain (previously claimed as lumbar condition), the claims are remanded due to insufficient nexus opinions.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment since March 18, 2020. The appeal is remanded for further development.

The Veteran's claim for a TDIU prior to February 8, 2024 is remanded due to a pre-decisional duty to assist error. The AOJ will consider any additional evidence and obtain an addendum medical opinion from the September 2020 VA examiner.

The Board has decided to remand the case due to incomplete service records, and requests that all relevant military records be obtained.

The Board has remanded the Veteran's claims for additional development due to inadequate examination reports and failure to comply with prior remand instructions.

The Board has remanded the claims for increased ratings for lumbar spine and bilateral knee disabilities, as well as the claim for a total disability rating based on individual unemployability (TDIU). The VA examinations were not adequate in addressing pain during range of motion testing. Additional evidence is needed to determine if there is any loss of function due to pain.