Back / lumbar spine Board decisions

The Board has remanded the Veteran's claim for service connection for lumbosacral strain due to insufficient medical evidence regarding the etiology of his condition. The case will be returned to the AOJ with instructions to obtain an adequate VA examination and medical opinion.

The Veteran is granted an effective date of September 28, 2015 for a total disability rating based on individual unemployability (TDIU) and eligibility to Dependents' Educational Assistance (DEA). The TDIU was awarded due to the Veteran's service-connected disabilities preventing him from securing and following substantially gainful employment. The DEA eligibility is also granted as of September 28, 2015.

The Board has remanded the claims for a respiratory condition, lumbar spine condition, and hypertension due to potential errors in the initial decision process. The Veteran's service records do not show any complaints or diagnoses related to these conditions during his military service.

The Board has granted service connection for left shoulder disability, bilateral hip disability, and thoracolumbar spine disability. The claims were previously denied due to lack of in-service disease or injury and no nexus shown to service.

The Veteran's claim for a rating in excess of 10 percent prior to December 16, 2021, for his low back disorder is denied. The effective date for the TDIU and DEA benefits remains March 16, 2015.

The Board has granted service connection for degenerative arthritis of the thoracolumbar spine, cervical herniated disc, left knee osteoarthritis, and right knee osteoarthritis. The decision is based on a finding that these conditions began during active service.

The Veteran's appeals for service connection for back and head injuries were dismissed due to failure to file a timely VA Form 10182 within one year of receiving the October 8, 2021, Rating Decision.

The Veteran's death was ruled accidental, and the service-connected low back disorder did not contribute to his cause of death. The Board found no evidence supporting a connection between PTSD or any other condition with his death.

The Veteran's claim for service connection for an acquired psychiatric disorder is denied as there is no current diagnosis of a psychiatric condition.,Service connection is granted for low back impairment, claimed as arthritis. The evidence persuasively weighs in favor of finding that the Veteran's low back impairment had its onset during service.,Service connection is granted for GERD, to include as secondary to low back condition. The evidence persuasively weighs in favor of finding that the Veteran's GERD is proximately due to service-connected disabilities, including his low back impairment.,The claim for individual unemployability (TDIU) is remanded.

The Veteran's atypical chest pain and GERD are found to be secondary to his service-connected asthma, thus granting service connection for these conditions.,His low back condition is found to have been aggravated by his service, allowing for service connection on an aggravation basis. However, the bilateral pes planus was not shown to have worsened during service.

The Board denied service connection for lumbar and cervical spine disabilities, as well as neurologic impairment of the right lower extremity. The evidence did not support a link between these conditions and active service.

The Veteran's claim for service connection for a right elbow disability, low back disability, and sleep apnea have been reopened. The rating for tinnitus has been denied, while the rating for sleep apnea is at its maximum of 50 percent. The Veteran's PTSD with major depressive disorder is granted with a permanent and total disability rating effective October 31, 2014.

The Veteran's initial and increased ratings for right lower extremity sciatic nerve radiculopathy and thoracolumbar spine disorder are granted. However, the issues of service connection for fibromyalgia, TDIU prior to April 3, 2018, and SMC based on aid and attendance are remanded.

The Veteran's claims for increased ratings for lumbar degenerative disc disease and left leg radiculopathy were denied. The initial rating of 10 percent for lumbar degenerative disc disease was upheld, as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's TDIU claim is remanded as he has not had a single disability rated at 60 percent disabling, or a disability rated at least 40 percent.

The Board has remanded the case due to inadequate medical opinions regarding service connection for a low back disability, including whether it is related to service or secondary to service-connected knee disabilities.

The Veteran's initial rating for low back disability was denied higher than 40 percent from August 5, 2005 to November 9, 2008 and from December 11, 2008 through June 10, 2010.

The Veteran's claims for increased ratings and related issues are being remanded due to the need to obtain non-VA medical records from West University Wellness and Westchase Health and Rehabilitation Center, which have not been associated with the claims file. The AOJ is instructed to readjudicate the claims after obtaining these records.

The Veteran's kidney disability is granted on a direct basis due to presumed exposure to herbicide agents during service.,The Veteran's lumbar spine disability does not meet the criteria for TDIU prior to September 30, 2013.

The Board denied service connection for lumbar degenerative disc disease (DDD) as there was no evidence of a chronic condition in service or during the presumptive period, and the Veteran's current symptoms did not correlate with his military service.