Back / lumbar spine decisions — 2018

The Board has found that the VA examination report is not adequate for adjudication purposes and additional development is needed to determine if the Veteran's low back disorder was caused or aggravated by his service-connected left knee condition.

The Veteran's service-connected disabilities, including back disability, bilateral hearing loss, and tinnitus, prevent him from securing or following substantially gainful employment. The Board granted the TDIU claim due to the combined effects of his disabilities.

The Veteran's service-connected chronic lumbar spine strain is currently rated at 10 percent, but the Board finds that it does not warrant a higher rating based on the evidence of record.

The Board has decided to remand two issues: one regarding a higher rating for lumbar spine degenerative arthritis and another for an initial higher rating for radiculopathy of the left lower extremity. The Veteran's last VA examinations were in November 2014, and the Board finds that new examinations are needed due to possible increased symptomatology since then.

The Veteran's service-connected cervical strain is granted as secondary to his headaches, and he is now receiving compensation for thoracolumbar spine arthritis. The initial evaluations for both conditions are granted at 10 percent.

The Board has denied service connection for various conditions, including bladder disability, psychiatric disorders (including PTSD and depression), sleep apnea, varicose veins, liver damage, erectile dysfunction, bicep disabilities, knee disabilities, ankle disabilities, low back disability, scar and numbness of the back, right wrist disability, missing tooth disability, eye disability (chronic conjunctivitis), bronchitis, and asthma. The Board found that these conditions are not related to service or do not meet the criteria for service connection.

The Veteran's low back and bilateral ankle disabilities are granted as service connected. The Board found the evidence in equipoise, resolving reasonable doubt in favor of the Veteran.

The Board denied the Veteran's claims for service connection for low back strain, left lower extremity radiculopathy/sciatica, and right lower extremity radiculopathy/sciatica due to a lack of evidence showing a nexus between these conditions and his active duty service.

The Board has remanded the case due to the Veteran's incarceration and failure to attend a VA examination. The claim for increased ratings for degenerative joint disease of the lumbar spine is being returned for further evaluation.

The Veteran's claim for service connection for sleep apnea is denied as there is no current diagnosis of the condition.,The Veteran's claim for service connection for a right knee disorder is denied due to lack of evidence supporting such a condition during or after his military service.,Service connection for lumbosacral spine degenerative joint disease was granted, but an initial disability rating higher than 10 percent prior to May 21, 2013 is not warranted based on the evidence provided.,Service connection for left knee medial meniscus tear with MCL bursitis was granted, but a higher initial disability rating than 10 percent is not supported by the evidence.,Service connection for left lower extremity radiculopathy, sciatic nerve, arising from lumbosacral spine degenerative joint disease, was granted. However, an earlier effective date of October 8, 2014, is not warranted.

The Board denied the Veteran's claims for service connection for a low back disorder and lumbar radiculopathy (claimed as nerve damage) because there is no evidence that these conditions are related to his military service or any service-connected disability.

The Board has dismissed all claims due to the death of the Veteran's widow, as her appeal is no longer in a jurisdictional state.

The Board has remanded the cases due to inadequate or insufficient examinations in the record.

The Board has remanded the Veteran's claims for right wrist disability, back condition, chronic sinusitis, allergic rhinitis, and skin disorder (including dermatitis and urticaria) due to incomplete medical records and need for further examination.

The claims of service connection for neck and back disorders have been reopened due to new evidence received. The cases are being remanded for further evaluation.

The Veteran's claim for service connection for low back pain with spondylosis was denied in a March 1974 rating decision and again in a September 1985 Board decision. The most recent denial is considered final, as the Veteran did not appeal it. New evidence submitted since then does not relate to an unestablished fact necessary to substantiate the claim.

The Board has remanded the case due to conflicting evidence about whether the Veteran's back was injured prior to service and a need for another VA examination to determine the etiology of his lumbosacral strain.

The Board has decided to remand the cases for further development and medical opinions regarding service connection for a low back disability and headaches.

The Board has remanded three issues related to the Veteran's service-connected disabilities: DDD of the thoracolumbar spine, right lower extremity radiculopathy, and right foot hallux valgus with arthritis. The claims are being remanded for additional examinations and development.

The Veteran's service-connected conditions of hypertension, Sjogren’s syndrome, bilateral hip disability, neck disability, back disability, asthma, bilateral CTS, left knee disorder, and seizures are all granted. The claims for a bilateral shoulder disability, IBS, and TMJ syndrome have been denied.