Back / lumbar spine Board decisions

The Board has decided to remand the claims for further development due to pre-decisional duty to assist errors and inadequate VA opinions. The Veteran's hip, knee, and lower back disabilities are being reviewed again with new medical opinions considering his service history.

The Veteran's tinnitus is granted service connection as it is related to in-service noise exposure. The back condition does not meet the criteria for service connection.

The Board has granted service connection for a low back disorder, sciatic nerve disorder as secondary to the service-connected low back disability, and headache disorder.,The Veteran's current low back and sciatic nerve disorders are found to be related to his military service.

The Board has dismissed all appeals due to the Veteran's death.

The Board has granted service connection for lumbosacral strain, finding that the Veteran's current disability is at least as likely as not due to his in-service injury while moving a heavy box.

The Veteran's claims for increased ratings and initial compensable ratings for service-connected degenerative joint disease of the lumbar spine, status-post spinal fusion, and scars, status-post spinal fusion are being remanded due to pre-decisional duty to assist errors. The VA needs to schedule a new examination to determine the current severity of these conditions.

The Board denied service connection for lumbosacral strain, finding that the Veteran's back disability did not originate in or is not etiologically related to his military service.

The Board has determined that the VA examinations are inadequate and remands the cases for further development, including obtaining a new VA examination to determine if the Veteran's current right hip and low back disabilities are at least as likely as not caused or aggravated by service.

The Board has granted earlier effective dates of January 29, 2020 for the Veteran's service connection claims for back disability, left hip flexion disability, left hip extension disability, left hip rotation disability, and left knee disability. The issue of entitlement to service connection for neck disability is remanded due to a duty-to-assist error.

The Veteran's back disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted. The evidence shows constant pain with radiating symptoms down the legs, but no unfavorable ankylosis or IVDS with incapacitating episodes.

The Veteran's migraines are currently rated at 30 percent, but the Board has found that they warrant a higher rating. The ratings for lumbar strain and GERD remain unchanged. The case is being remanded to schedule VA examinations.

The Veteran's acquired psychiatric disorder, previously claimed as depression, is granted service connection. Service connection for tinnitus and PTSD are denied due to lack of evidence meeting the criteria for these conditions. The lower back disability claim is also denied.

The Veteran's service-connected back disability was not manifested by unfavorable ankylosis of the entire thoracolumbar spine, nor incapacitating IVDS episodes having a total duration of at least 6 weeks during a 12 month period. As such, his claim for a higher rating is denied.

The Board has decided to remand the claims for further development due to pre-decisional duty to assist errors and inadequate VA opinions. The Veteran's hip, knee, and lower back disabilities are being reviewed again with new medical opinions considering his service history.

The Board has remanded the claims for service connection for low back strain and migraines due to insufficient competent medical evidence. The Veteran's lay statements indicate a relationship between his current back and migraine complaints and his military service, but further examination is needed.

The Board has restored the 20 percent ratings for diabetic peripheral neuropathy of both upper extremities and lumbar radiculopathy with diabetic peripheral neuropathy of both lower extremities, effective from August 1, 2020. The Veteran's symptoms have not improved under ordinary conditions of life and work.

The Veteran's PTSD rating was reduced from 70% to 50%, effective April 5, 2022. The reduction is being restored due to the lack of evidence showing improvement in her ability to function under ordinary conditions. For the lumbosacral strain claim, a remand is required as the VA examination did not adequately assess the Veteran's flare-ups.

The Board has remanded all issues on appeal due to the need for additional medical examinations and opinions regarding the etiology of various service-connected conditions.

The Veteran's claim for service connection for a sleep apnea disorder is denied as there is no current diagnosis of the condition.,An increased disability rating of 40 percent for left lower extremity sciatic radiculopathy from August 11, 2022, is granted.

The Board has dismissed the Veteran's claims for service connection for birth control, ovarian cysts, and a back disability as the Veteran did not file a timely Notice of Disagreement (NOD).