Back / lumbar spine Board decisions

The Veteran's disability ratings for migraine, irritable bowel syndrome (IBS) with gastroesophageal reflux disease (GERD), epilepsy with recurrent seizures, posttraumatic stress disorder (PTSD), lumbosacral strain, and temporomandibular joint (TMJ) syndrome were improperly reduced to noncompensable effective January 1, 2023. The ratings are restored.

The Board has granted effective dates of May 4, 2021 for the grants of service connection for anxiety disorder, back disability (Thoracolumbar Spine), right hand strain, left hand strain, sciatica right lower extremity, and sciatica left lower extremity. The Veteran's increased evaluation for his left shoulder disability is also granted as of May 4, 2021.

The Veteran's disability rating for his back condition was reduced from 20 percent to 10 percent, effective May 27, 2022. The reduction is now reinstated.

The Board has remanded the claims for service connection for back disability, right foot drop, and LLE radiculopathy due to inadequate opinions in the original decision. The Veteran's claims are being reviewed again.

The Board has remanded the Veteran's claims for higher ratings for his service-connected thoracolumbar spine disability and bilateral lower extremity radiculopathy due to a duty-to-assist error in prior decisions.

The Board has determined that there are duty to assist errors in the prior decision and remands the case for further development.

The Veteran's service connection claims for pelvic floor dysfunction and drug induced constipation have been dismissed. An initial 40 percent rating has been granted for his low back disability, but the claim is denied for higher ratings prior to July 22, 2022, and from that date onwards. The right hip disability claim remains pending.

The Veteran's claims for service connection are remanded due to pre-decisional duty to assist errors in the February and March 2022 VA examinations. The RO must schedule new examinations and obtain adequate opinions regarding the severity of pseudofolliculitis barbae, as well as the etiology of erectile dysfunction, low back disorder, and left hip disorder.

The Board denied service connection for a neck disability, finding that the evidence did not establish a nexus between the Veteran's current condition and his military service.

The Veteran's claims for left and right carpel tunnel syndrome, specific phobia (anxiety, fear of flying), and skin condition (Xerosis cutis) have been denied. The Board has remanded the claims for bilateral upper extremity nerve disabilities and a back disability due to a lack of medical nexus opinions.

The Board has granted service connection for a lumbar spine disability and a cervical spine disability, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's active service.

The Veteran's alcohol, cocaine, and opioid use disorders (in remission) are granted as secondary to his service-connected lumbar strain with degenerative changes. Effective July 9, 2009.

The Board denied service connection for left and right knee disorders, keratosis pilaris with folliculitis, respiratory disorder, and low back disorder due to lack of new and relevant evidence.,New and relevant evidence was not received for the claims of service connection for a left or right knee disorder.

The Board has determined that the Veteran does not have a current bilateral hearing loss disability for VA compensation purposes. The claims for low back, left and right hip, as well as left and right ankle disabilities are remanded due to insufficient medical nexus opinions regarding their relationship to service-connected conditions. The claim for right lower extremity nerve condition (claimed as pain, numbness, and tingling) is also remanded.

The Board denied service connection for left and right knee disabilities, finding no evidence linking current conditions to the Veteran's in-service treatment. The lumbar spine disorder was also not granted service connection.

The Veteran's initial evaluation for peripheral neuropathy, right lower extremity (musculocutaneous) is granted at a 10 percent rating. The other conditions remain denied.

The Board has granted the Veteran's claim for service connection for lumbar spine disability, finding that new evidence submitted since the prior denial supports a determination of service connection. The decision is based on the Veteran's credible lay statements and VA treatment records indicating continuous back symptoms since an in-service injury.

The Veteran's claim for service connection for obesity is dismissed as a matter of law. The Board also granted a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities.

The Veteran's appeal for service connection for a thoracolumbar disability has been dismissed due to the withdrawal of his claim by his authorized representative.

The Board has remanded the claim for service connection of a low back disability due to a pre-decisional duty to assist error. The claims for right and left shoulder disabilities are granted.