Back / lumbar spine Board decisions

The Board has determined that the Veteran's claims for service connection for diabetes mellitus, hypertension, and lumbar degenerative disc with spondylosis require additional development due to a pre-decisional duty to assist error. The claims are being remanded for further action.

The Veteran's low back condition is rated at 40% disabling, which represents an increase from the original rating of 10%. The appeal for a higher rating has been denied.

The Board has denied the Veteran's claims for service connection for left hand pain, right hand pain, and low back condition due to lack of current disability and insufficient evidence linking these conditions to his military service.

The Veteran's left knee osteoarthritis and cervical degenerative disc disease are granted as service-connected.,Hyperlipidemia is granted as secondary to major depressive disorder. Lipomas of the chest and right middle back, and interstitial lung disease (claimed as asbestosis) are denied.

The Veteran's claim for an earlier effective date and increased rating for lumbosacral strain was denied. The Board found that the earliest effective date for a 10% rating is February 26, 2020, as this is when the Veteran submitted his intent to file a new claim.

The Veteran's service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, lower back DDD, and CVA with mild left sided weakness, rendered him unable to secure or follow a substantially gainful occupation from September 24, 2013. His TDIU claim is granted.

The Board dismissed the appeal because the appellant's authorized representative requested to withdraw the appeal.

The Veteran's service-connected disabilities, including psychiatric disability, reactive airway disease, and various musculoskeletal conditions, combine to a 70 percent rating. The Board finds that the Veteran is unable to secure or maintain substantially gainful employment due to his service-connected disabilities, with all reasonable doubt resolved in favor of the Veteran.

The Board has granted service connection for a right knee disorder as secondary to the Veteran's service-connected left knee disability. The other issues on appeal have been remanded.

The Board has determined that the Veteran's neck disability, acquired psychiatric disability (to include insomnia), bilateral foot disability, and back disability are not service-connected. The stomach disability is remanded due to potential exposure at Camp Lejeune.,Service connection for a stomach disability is remanded as there is evidence of participation in a toxic exposure risk activity (TERA) during service.

The Veteran withdrew his appeal before a decision was made, so the case is dismissed.

The Board has denied the Veteran's claim for service connection for lumbosacral strain, claimed as back condition. The Board has also remanded the issue of service connection for skin condition of the feet, to include tinea pedis and athlete's foot, claimed as fungus in feet, leg.

The Board has decided to remand the case due to a duty-to-assist error and needs to obtain additional Department of Defense treatment records.

The Veteran's claim for an earlier effective date for service connection of a low back disability was denied as there were no pending, unadjudicated claims prior to October 25, 2021.

The Board has decided to remand the Veteran's claims for service connection for anxiety, back condition, lung nodules (claimed as mass in lungs), and mediastinal mass/cyst (claimed as mass between lung and heart) due to a duty to assist error. The claims will be remanded for further examination and opinion.

The Board has remanded the claim for a low back disorder due to conflicting medical opinions regarding when the congenital transitional vertebrae condition first manifested during service. The Veteran's representative requested information about the VA examiner's qualifications, but this request is not considered in the current decision.

The Veteran's service-connected disabilities, including back conditions and bilateral radiculopathy of his lower extremities, have rendered him in need of regular aid and attendance due to limitations such as difficulty dressing, feeding himself, attending to the wants of nature, and traveling. The Board has determined that these criteria are met for SMC based on aid and attendance.

The Board has dismissed the Veteran's claims for service connection for right knee and low back disorders due to their grant during the pendency of the appeal. The claim for bilateral hearing loss is denied.

The Veteran's sleep apnea was denied as not etiologically related to service.,The Veteran's hypertension was denied as not meeting the criteria for a compensable rating.

The Veteran's claims for increased ratings for right shoulder strain, low back disability, and sciatic nerve radiculopathy are being remanded due to the need for additional examinations and consideration of new evidence.