Back / lumbar spine Board decisions

The Board has remanded the case due to a duty to assist error and requests that the Veteran provides additional medical records, including from his chiropractor.

The Veteran's claims for left and right knee disabilities, as well as a back disability, are being remanded due to the need for additional medical opinions and examinations.

The Veteran's service-connected disabilities do not result in physical loss of use of one or both hands or feet, permanent impairment of vision in both eyes, severe burn injury precluding effective operation of an automobile, ALS, or ankylosis of one or both knees or one or both hips. Therefore, the Veteran does not meet the eligibility criteria for financial assistance to purchase a vehicle and adaptive equipment.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, high blood pressure, back disability, hand and foot degenerative arthritis, pes planus, migraine disability, and concussion disability, were denied. The Board found no current diagnosis of these conditions or evidence linking them to service.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development. The Board found no evidence of unfavorable ankylosis or incapacitating episodes, thus denying a higher rating for his neck disability.

The Veteran's obstructive sleep apnea (OSA) is granted as secondary to his service-connected intervertebral disc syndrome (IVDS) with spondylosis of the thoracolumbar spine, lower back, and left ankle sprain status post fracture with surgical repair.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation. A reasonable possibility that the Veteran is unemployable because of his service-connected disabilities is not substantiated.

The reduction of the Veteran's lumbar spine disability from 20 percent disabling to 10 percent effective from April 18, 2022, was improper. The Veteran's rating is restored from that date. However, the appeal for a higher rating remains pending and requires further examination.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities has been granted. The Board found that the Veteran meets the schedular requirements and is unable to secure or maintain substantially gainful employment.

The Veteran's service-connected intervertebral disc syndrome and degenerative arthritis are currently rated at 20 percent, which is the maximum rating available under VA regulations. The Veteran's erectile dysfunction is not compensable.

The Board has decided to remand the case due to inadequate opinion regarding whether the Veteran's thoracolumbar degenerative disc disease and degenerative arthritis is secondary to his service-connected left ankle disability.

The Veteran's thoracolumbar spine disability was incurred in service and the Board has granted service connection for this condition.

The Veteran's claims for PTSD, depression, dizziness, light sensitivity, liver disorder, gynecological cyst, bladder disorder, headaches, allergies, hypothyroidism, cervical spine disorder, thoracolumbar spine disorder, left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, left winged scapula, left shoulder disorder, right winged scapula, right shoulder disorder, left knee strain, right knee strain, and left ankle sprain were all denied as there was no evidence of a service connection for these conditions.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no evidence linking his current condition to his active-duty service.

The Veteran's service connection claims for a lumbar spine condition and a left hip condition have been dismissed due to the filing of a premature appeal after duty to assist errors were identified in an earlier decision.

The Board denied service connection for chronic fatigue syndrome, neck disability, coccydynia, erectile dysfunction, left hip osteoarthritis, right hip osteoarthritis, left knee degenerative arthritis with arthroscopy and medial meniscectomy, left shoulder acromioclavicular joint osteoarthritis, right shoulder overuse syndrome, right elbow olecranon bursitis, and right elbow tendonitis. Service connection was granted for left shoulder acromioclavicular joint osteoarthritis.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lumbar spine condition and its relationship to his military service. The AOJ is instructed to obtain any relevant private treatment records and schedule an examination for a medical opinion.

The Veteran's right shoulder strain with rotator cuff tendonitis and lumbosacral strain with degenerative arthritis are granted as service connected. The Board found that the Veteran developed these conditions during active duty for training.

The Board has decided to remand the claims for knee disorders, right shoulder disorder, back disorder, and PTSD due to a duty to assist error. The appellant's service records are unclear, and further efforts must be made to obtain them.

The Veteran's appeals for earlier effective dates and increased ratings have been dismissed as the initial ratings were already assigned prior to May 24, 2021.