Back / lumbar spine Board decisions

The Veteran's PTSD is rated at 70 percent, and the appeal for a higher rating has been denied.,The Veteran's herniated disc of the lumbar spine (L4-L5) is currently rated at 20 percent. The appeal for an increased rating has also been denied.

The Board has determined that the Veteran's claims for service connection are remanded due to duty-to-assist errors. The left hip and low back disorders need further examination, while the LLE nerve condition is inextricably intertwined with the other issues.

The Veteran's service-connected PTSD with depressive disorder does not meet the criteria for SMC based on aid and attendance due to his ability to dress, feed himself, and perform daily activities. He is also not considered housebound due to his service-connected disabilities.

The Board has determined that new and relevant evidence has been submitted to reconsider the claim for service connection for a lumbar spine disability. The Veteran's lay statements indicate he experienced lower back pain during service, which may be related to his current condition. However, further medical examination is needed to determine if these symptoms are linked to his military service.

The Board has determined that the June 2015 rating decision did not become final due to new and material evidence being submitted within one year of the decision. As a result, the September 2016 notice of disagreement was timely filed.

The Board has decided to remand the Veteran's claims for low back injury, scoliosis, hearing loss, and tinnitus due to new evidence received after the February 2022 rating decision. The VA examiner is requested to provide a supplemental opinion considering the Veteran's lay statements regarding his in-service injuries.

The Board has denied the claim of service connection for a low back disorder as there is no evidence showing an in-service injury or disease, and the current condition is not related to service.

The Board has remanded the claims for lumbar spine disability, left knee disability, and bilateral shoulder disabilities due to duty-to-assist errors in obtaining medical opinions prior to the August 2020 rating decision. The VA is required to obtain new examinations or opinions addressing the Veteran's lay statements regarding his symptoms during service.

The Board has remanded the claims for service connection due to incomplete pre-decisional duty-to-assist errors, including obtaining STRs and seeking a medical opinion.

The Veteran's claim for an earlier effective date of May 4, 2021 for service connection of IBS is granted. The Veteran's PTSD disability was granted a higher rating in November 2020 and the claim for an evaluation in excess of 70 percent for PTSD is denied. The Veteran's thoracolumbar spine degenerative arthritis with strain received an earlier effective date of November 9, 2020.

The Board has granted service connection for right knee strain, left knee strain, low back disability, neck disability, left elbow disability manifesting as pain and numbness, and right elbow disability manifesting as pain and numbness. The claims are based on the Veteran's reported symptoms in service and their persistence since separation.

The Veteran's lumbosacral strain was rated at 40 percent, effective September 27, 2021.,Right femoral and sciatic nerve radiculopathies were each rated at 20 percent, also effective September 27, 2021.,Sinusitis was rated at 30 percent, effective September 27, 2021. Rhinitis remained rated at 10 percent.

The Board has determined that there was a pre-decisional duty to assist error and the claim for service connection for low back disability must be remanded for further action.

The Veteran's claim for DIC benefits under 38 U.S.C. § 1318 was denied because he did not meet the statutory ten-year duration requirement for a 100% rating at the time of his death, nor was he in receipt of a total disability rating continuously since his discharge from active duty.

The Board has granted service connection for a lumbar spine disability and a cervical spine disability, finding that the Veteran's symptoms are related to his in-service duties.

The Veteran's appeal for service connection for neck and back disorders has been dismissed due to the Veteran withdrawing his request for appellate review.

The Board has remanded the Veteran's claims for additional medical opinions to determine if his bilateral knee disabilities, back disability, erectile dysfunction, and GERD are aggravated by his service-connected left foot disability.

The Board denied the Veteran's claim for service connection for degenerative arthritis of the lumbar spine, finding that there was no evidence to support a nexus between his current condition and active duty service.

The Board has granted service connection for a low back disorder as secondary to the Veteran's service-connected left fifth metatarsal residual fracture, resolving any doubt in favor of the Veteran.

The Board has granted service connection for a back condition and a neck injury, finding that the Veteran's conditions are related to in-service injuries. The decision also denied service connection for memory loss, residuals of concussion, TBI, and acquired psychiatric disorder.