Back / lumbar spine Board decisions

The Veteran's service connection claims for lumbar spondylosis and rhinitis have been granted, but the claims for cervical spine and sleep apnea disabilities are being remanded.,Service connection has been established for a rhinitis/sinusitis disability due to exposure to burn pits during active duty in Kosovo.

The Board has decided to remand the Veteran's claim for a lumbar spine disability due to errors in obtaining updated private treatment records and inadequate opinions regarding pertinent medical history. The AOJ must obtain these records and provide VA examinations to clarify the nature of the Veteran's current disability and address secondary service connection.

The Veteran withdrew his appeals regarding service connection for scars of both hands and forearms, a back condition, and allergies. The Board dismissed the appeal as these issues were withdrawn by the appellant.

The Board denied the Veteran's claims for service connection of left foot and right foot disabilities, finding no current disability diagnoses. The reduction in rating for lumbar spine disability was also denied.

The Veteran's claims for earlier effective dates for service connection were denied as the earliest possible effective date provided by law is August 11, 2021.

The Board has granted the Veteran's request to readjudicate his claim for service connection for a lumbar spine disability, finding that new and relevant evidence supports this decision. The Veteran is now entitled to service connection for chronic low back pain with sciatica, which began during active service.

The Board has granted service connection for scoliosis and remanded the issue of secondary service connection for lumbar spine disabilities other than scoliosis.

The Veteran's lumbosacral strain was rated at 10 percent since November 27, 2021. The Board found that the evidence did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine or IVDS formula.

The Veteran's service-connected disabilities, including lumbar strain with degenerative disc disease and vascular tension headaches, have prevented him from obtaining and maintaining substantially gainful employment for the period February 6, 2006, to September 11, 2016. The Board has determined that the evidence is in equipoise as to whether these disabilities preclude the Veteran from securing and following a substantially gainful occupation.

Your service connection claims for cervical and lumbar spine disabilities have been granted based on your continuous claim since May 24, 2019. The appeal is dismissed as the benefits sought are now fully granted.

The Veteran's PTSD is currently rated at 70 percent, but the Board denied an evaluation in excess of this rating. The Veteran was previously granted a TDIU prior to May 22, 2022, due to his service-connected disabilities.

The Board has determined that the Veteran's claim for service connection for a bulging disc is denied, and the claims for increased ratings for left knee and lumbosacral strain disabilities are remanded due to inadequate examination reports.

The Board has remanded the Veteran's claims for service connection for residuals of a right foot injury and lumbar spine disorder due to insufficient evidence regarding their etiology. The Veteran is required to undergo additional VA examinations to determine if his current conditions are related to military service.

The Veteran's claims for increased ratings for major depressive disorder and left lower extremity lumbar radiculopathy are being remanded due to a failure to obtain relevant medical records from the Carilion Roanoke Memorial Hospital. These records could have significant impact on the rating decisions.

The Veteran's claims for increased ratings for his lumbosacral strain, lumbar spondylosis, degenerative disc disease, bilateral lower extremity radiculopathy, and bilateral knee disabilities are being remanded due to inadequate examination reports. The VA will conduct new examinations to assess the severity of these conditions during the rating period.

The Board has decided that the Veteran's claim for service connection for a low back disability is remanded due to a duty-to-assist error. The AOJ will provide an examination and determine if there is a link between the Veteran's current low back condition and his active service.

The Veteran's claim for service connection for a skin disability has been readjudicated and may be granted with the submission of new evidence.,Service connection for a back disability is denied as there is no evidence showing it was incurred in or aggravated by service, and the condition did not manifest within one year post-service.,Service connection for bilateral lower extremity radiculopathy is denied due to lack of evidence linking the condition to service.

The Veteran's service-connected disabilities, including his persistent depressive disorder with generalized anxiety disorder and alcohol use disorder, as well as his lumbar spine disability and bilateral pes planus with plantar fasciitis, render him unemployable. The Board has resolved all reasonable doubt in favor of the Veteran, granting TDIU.

The Board has decided to remand the case due to a lack of medical opinion regarding whether the Veteran's cervical spine degenerative disc disease with intervertebral disc syndrome is related to his service. The matter will be further reviewed and examined.

The Board has remanded the claims for an initial rating in excess of 10 percent for DDD of the lumbar spine prior to May 6, 2016 and for effective dates prior to February 27, 2019 for radiculopathy ratings.