Back / lumbar spine Board decisions

The appeal of the issue of service connection for diabetes mellitus type II is dismissed. The Veteran's back condition is granted as etiologically related to service.

The Veteran's appeals for higher ratings for his service-connected painful scar of the lower back, lower back/lumbar scar, and hemorrhoids were denied. The Board found that the evidence did not support a rating in excess of the current assigned disability ratings.

The Veteran's service-connected conditions did not render him unemployable prior to November 30, 2021. The Board found that the evidence does not show he was unable to secure or follow a substantially gainful occupation solely due to his service-connected disabilities.

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not incurred in or caused by a motor vehicle accident during military service.

The Board has decided to remand all the claims for further development due to errors in obtaining medical records and military personnel records.

The Board has determined that there is a pre-decisional duty to assist error and remands the case for an addendum opinion from an appropriately qualified examiner regarding the nature and etiology of the Veteran's back disability, including whether it was caused by or aggravated by his service-connected left ankle disability.

The Board has determined that the Veteran's radiculopathy of the upper and lower extremities is related to his service-connected cervical strain and lumbosacral strain, but more opinions are needed to address whether these conditions were aggravated by those service-connected disabilities.

The Board has granted service connection for the Veteran's claimed right knee, left knee, lumbar spine, and right shoulder conditions as they are considered to be directly related to his active-duty service.

The Veteran's service connection for a low back disability and left lower extremity radiculopathy due to the low back disability is granted.

The Veteran's claims for left and right shin splints, painful joints, and bilateral hearing loss were denied as there was no evidence of these conditions during service or related to service. The claim for low back disability is also denied.,Service connection for obstructive sleep apnea remains remanded.

The Veteran's SMC was granted at the intermediate rate due to his need for aid and attendance, which is related to service-connected conditions including bladder and prostate cancer residuals, lumbar intervertebral disc syndrome, bilateral lower extremity radiculopathy, and bilateral knee disabilities. The Veteran does not meet criteria for loss of use of any extremities.

The Veteran's appeal is remanded for further development and readjudication due to the need for additional VA examinations, as well as consideration of extraschedular TDIU.

The Board has remanded the claims for lumbosacral strain, nerve pain in both lower extremities, and bilateral foot disability (plantar fasciitis) due to pre-decisional duty-to-assist errors. The Veteran is required to undergo new examinations and obtain medical opinions regarding his conditions.

The Board denied service connection for chronic fatigue syndrome and did not readjudicate the claim of an initial evaluation in excess of 10 percent for cervical degenerative disc disease with neck strain due to lack of new and relevant evidence.

The Board denied the Veteran's claims for earlier effective dates for service connection due to finality of prior decisions and lack of new and relevant evidence.

The Veteran's claims for service connection for bilateral hearing loss, hypertension, right shoulder disorder, left shoulder disorder, low back disorder, allergic rhinitis, and chronic bronchitis have all been denied.,There is no evidence of a current disability in any of these conditions. The Board found that the Veteran did not meet the criteria for service connection as there was no showing of a disease or injury during service, continuous symptoms since service, or a nexus to service.

The Board has granted eligibility for attorney fees based on the past-due benefits awarded in the October 7, 2020 rating decision due to a valid fee agreement and timely filing with VA.

The Veteran's service-connected disabilities, including prostate cancer residuals, sleep apnea, and lumbar spine degenerative changes, rendered him unable to secure substantially gainful employment prior to August 10, 2022. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also established.

The Veteran's appeal includes multiple issues related to service connection for various conditions, with some issues being remanded and others having their decisions left pending further development.,No effective date earlier than May 25, 2021 was granted for the adjustment disorder with anxiety.

The Board has granted service connection for left lower extremity radiculopathy and denied the claims for increased ratings for acquired psychiatric disorder, back disability, and left knee disability. The appeal is granted in part.