Back / lumbar spine Board decisions

The Board denied service connection for a back condition as there is no current diagnosis of such disability and the Veteran did not have a recent diagnosis prior to filing his claim.

The Veteran's service-connected disabilities, including Major Depressive Disorder, Right Knee Total Replacement, Degenerative Disc Disease of the Lumbar Spine, and others, prevented him from securing and following a substantially gainful occupation. The Board granted his claim for TDIU.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the onset and causation of his left shoulder, low back, and neck conditions.

The Board has granted service connection for sinusitis, right ear hearing loss disability, cervical spine disability, lumbar spine disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity on a presumptive basis under the PACT Act. The claims for these conditions are effective as of August 10, 2022.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) was granted as secondary to his service-connected PTSD and lumbar spine disability. The effective date of this grant is February 16, 2023, which is the latest between the date of claim and when both conditions were service connected.

The Board has denied the claims for service connection for depression, low back condition, gynecological condition, and skin condition due to lack of new and relevant evidence. The Veteran's current diagnoses are not related to her service.

The Board has remanded the Veteran's claims for lumbar spondylosis with degenerative disc disease, right knee osteoarthritis, and left knee osteoarthritis due to service connection. The AOJ is required to obtain a medical opinion regarding direct service connection for these conditions.

The Board has determined that the reduction of the Veteran's back disability rating from 60% to 40% effective November 1, 2020 is not warranted and is void ab initio.

The Veteran's service-connected disabilities do not result in the loss or use of his lower extremities, which affects balance and propulsion as to preclude locomotion without assistive devices. Therefore, he is ineligible for specially adapted housing and a special home adaptation grant.

The Board has denied the Veteran's claims for service connection for tinnitus, PTSD, right foot disability, left foot disability, right knee disability, left knee disability, right shoulder disability, and low back disability. The evidence did not establish a nexus between these conditions and active service.

The Board has granted service connection for a back disability and a psychiatric disability, finding that the Veteran's symptoms began in service and have persisted since then.

The Board has decided to remand the case due to a duty-to-assist error and will consider evidence not previously considered.

The Veteran's service-connected disabilities do not preclude her from securing and following a substantially gainful occupation, thus the TDIU claim is denied.

The Veteran's appeals for service connection and increased ratings have been dismissed due to their death.

The Veteran's appeal for increased ratings and service connection was denied. The lumbar spine disability is rated at 10 percent, right ear hearing loss at 10 percent, and the remaining conditions are not granted.

The Board has remanded the claims for service connection due to inadequate VA examination opinions and incomplete medical records. The Veteran's back disability is being evaluated again, and his hypertension may be related to his adjustment disorder.

The Veteran's appeals for special home adaptation grant and housing eligibility were denied. Her claims for increased ratings for posttraumatic headaches, traumatic brain injury with PTSD, and lumbosacral strain were also denied.

The Veteran's lumbosacral strain with disc bulge is currently rated at 20 percent, which is the maximum schedular rating available under VA regulations. The appeal for an increased rating has been denied as her symptoms do not meet or approximate the criteria for a higher rating.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbosacral spine, gastroesophageal reflux disease (GERD), and posttraumatic stress disorder (PTSD) are remanded due to a pre-decisional failure of the duty to assist based on inadequate examinations.

The Board has remanded the case due to an inadequate opinion from the VA examiner regarding the etiology of the Veteran's back condition. The claim will be reconsidered with a new examination and opinion.