Back / lumbar spine Board decisions

The Veteran's tinnitus, right lower extremity radiculopathy, and lumbar scars have all been granted effective as of March 14, 2023.,However, the Veteran's initial compensable rating for his lumbar scars remains denied.

The Veteran's service-connected disabilities, including PTSD, left knee strain, lumbar spine intervertebral disk degeneration with arthritis, and sciatic radiculopathy have precluded him from obtaining and maintaining substantially gainful employment since April 20, 2021. As a result, the Board has granted an effective date of April 20, 2021 for TDIU and DEA benefits.

The Veteran is granted SMC under 38 U.S.C. § 1114(o) and (r)(1) as of September 28, 2021 due to service-connected disabilities resulting in need for regular aid and attendance.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea secondary to his service-connected PTSD and lumbosacral strain, finding that the evidence supports a causal relationship between these conditions.

The Board has decided to remand the case for further examination and opinion regarding the nature and etiology of the Veteran's lower back disability, including whether it is related to service or aggravated by his right knee condition.

The Veteran's nerve condition of the bilateral lower extremities, claimed as radiculopathy, is granted.,The Veteran's sleep apnea and back condition are remanded for further review.

The Veteran's service connection claims for colon polyps and residuals from sigmoid colon resection, bilateral foot disorders, and a low back disorder are all granted.

The Board has remanded the Veteran's claims of service connection for a back disability, neck disability, bilateral eye disability, and right knee disability due to the need for additional VA examinations.

The Veteran's claims for increased ratings for his service-connected left and right lower extremity radiculopathy are remanded.,The Veteran's motion to revise the November 21, 2017 Statement of the Case that denied service connection for a low back disorder based on clear and unmistakable error is also remanded.

The Veteran is granted higher levels of Special Monthly Compensation (SMC) at rates based on loss of use of both hands and need for regular aid and attendance due to service-connected disabilities.

The Board has dismissed the appeal because the Veteran filed a concurrent request for higher-level review and a Board appeal, which is not allowed under VA regulations.

The Board denied earlier effective dates for service connection awards of PTSD, degenerative arthritis of the spine with lumbosacral strain, tension headaches, status-post left inguinal herniorrhaphy, costochondritis, and PFB and bilateral paronychia.

The Board has determined that the Veteran's current lumbar spine disability is related to his in-service injury, and thus service connection for this condition is granted.

The Veteran's right ear hearing loss is granted service connection, while left ear hearing loss does not meet VA disability criteria.,Service connection for lumbosacral strain and hypertension are denied as the evidence does not support an evaluation in excess of 20 percent.

The Veteran's back disability was rated at 10 percent during the period from May 19, 2020, to December 16, 2022. The VA determined that a higher rating is not warranted based on the evidence of record.

The Board has decided to remand the case due to a failure to provide a VA examination for service connection of low back pain. The Veteran's lay statements and medical records indicate that his lower back pain began during service, but further evaluation is needed to determine if it is related.

The Board has decided to remand the case due to a duty to assist error, specifically not having provided a VA examination for service connection of lumbar degenerative disc disease. The Veteran's statements about his symptoms will be considered credible unless inconsistent with medical or other evidence.

The Veteran is granted an effective date of April 30, 2021 for the 50% rating for bilateral pes planus.,The Veteran is granted an effective date of April 30, 2021 for the 30% rating for cervical strain.,The Veteran is granted an effective date of April 30, 2021 for service connection for left upper extremity of the middle radicular group as part of her cervical strain claim.,The Veteran is granted an effective date of April 30, 2021 for service connection for right upper extremity of the middle radicular group as part of her cervical strain claim.,The Veteran is granted an effective date of March 8, 2022 for a 40% rating for lumbosacral strain.

The Board denied the Veteran's claim for service connection for a back disability as there is no evidence of a current diagnosis or functional impairment that affects earning capacity.

The Board has granted service connection for lumbosacral spine disorder, right shoulder disorder, and right knee disorder. The Veteran's current diagnoses are found to be at least as likely as not related to her active duty service.