Back / lumbar spine Board decisions

The Veteran's service-connected disabilities did not render him unemployable prior to December 3, 2019. The Board found that the Veteran had a high rating for his Meniere's disease and sleep apnea but was capable of performing employment duties.

The Board has remanded the Veteran's claims for service connection for left knee, lower back (bulged disc), and tinnitus conditions due to inadequate medical opinions. The Veteran must be provided with VA examinations to determine if his current disabilities are related to service.

The Veteran's claims for service connection for post-traumatic stress disorder and schizoaffective disorder have been granted. The claim for shortness of breath (sarcoidosis) is remanded, as is the claim for degenerative arthritis and degenerative disc disease of the lumbar spine.

The Board dismissed the appeals for service connection for various conditions, including migraines, urinary dysfunction, and knee and spine issues, due to an impermissible concurrent election under 38 C.F.R. § 3.2500(b).

The Board remands the claims for service connection for a low back disability and related leg conditions due to an inadequate VA examination.

The Veteran's service-connected Major Depressive Disorder, along with other disabilities, renders him unable to secure and follow a substantially gainful occupation. The Board grants SMC-S based on this finding.

The Veteran's appeal for service connection for bilateral hip limitation of flexion, extension, and abduction is granted. However, the attorney S.P. is not eligible to direct payment of fees based on past-due benefits awarded in the March 2021 rating decision.

The Board has granted the Veteran's application for specially adapted housing due to his service-connected disabilities that affect his mobility and require a wheelchair and assistive devices.

The appeal regarding the proposal to decrease the disability rating for chronic strain of the lumbosacral spine from 40 to 10 percent and the proposal to discontinue Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is dismissed.

The Board denied entitlement to an extraschedular rating for residuals of an injury to the thoracic and lumbar spine, finding that the Veteran's symptoms were adequately contemplated by the schedular rating criteria.

The Board remands the claims for service connection for cervical and mid/low back conditions to obtain a VA examination due to an inadequate June 2008 VA examination and x-rays, and new evidence of pain and functional impairment.

The Board remands the claims for a lower back condition and bilateral foot conditions, to include plantar fasciitis, as VA examinations are required to obtain a medical opinion addressing the etiology of the Veteran's conditions.

For the period from December 27, 2018 to February 10, 2021, the Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation.,For the period from February 10, 2021, the Veteran's combined disability rating is 100%, and he has been granted TDIU due to his severe cervical spine condition.

The Veteran's PTSD is granted with an initial 70 percent rating, and service connection for sarcoidosis is also granted. The remaining issues of service connection for jaw disability, back disability, and sleep apnea are remanded.

The Board has remanded the Veteran's claims for service connection for sleep apnea and cervical degenerative disc disease (neck surgery) due to insufficient medical opinions regarding the etiology of these conditions. The VA is required to provide a disability examination and medical opinion for his claim for service connection for sleep apnea, considering total potential exposure through all applicable military deployments and service, as well as the synergistic and combined effect of all TERA exposures.

The Board has remanded the claims for lumbar spine disability and radiculopathy of both lower extremities due to duty-to-assist errors prior to the December 2021 decision on appeal. The Veteran's current disabilities are conceded, but there is insufficient evidence to establish a nexus between his service-connected conditions or in-service symptoms.

The Veteran's left arm burn is denied as there is no evidence of an in-service injury or aggravation.,Sarcoidosis and respiratory conditions are remanded for further examination.

The Board has remanded the Veteran's claims for increased ratings due to inadequate retrospective medical opinions provided by VA examiners. The Veteran is required to provide additional information regarding his lumbar spine IVDS with degenerative arthritis, left wrist CTS with left upper extremity radiculopathy, and bilateral lower extremity radiculopathy.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability.,A 30 percent rating, but no higher, for GERD is granted. The Veteran has symptoms of considerable impairment of health and the evidence shows that his GERD causes considerable impairment of health.,The Veteran's cervical spine disability is rated at 10 percent as there is pain and some limitation of motion without more severe manifestations such as ankylosis or significant range of motion limitations.,The Veteran's thoracolumbar spine disability is rated at 10 percent due to the presence of pain and some limitation of motion, but without evidence of more severe manifestations like ankylosis or significant range of motion limitations.,The Veteran's TBI residuals are not shown to warrant a rating in excess of 10 percent as they do not meet the criteria for higher ratings under Diagnostic Code 8045.,The Veteran's psoriasis is not shown to manifest as characteristic lesions involving at least 5 percent of the entire body or requiring intermittent systemic therapy, thus preventing him from receiving a compensable rating.

The Board has determined that the Veteran's erectile dysfunction is caused by his service-connected lumbar spine degenerative disc disease and bilateral knee osteoarthritis, resolving all reasonable doubt in favor of the claim. Service connection for erectile dysfunction is granted.