Back / lumbar spine decisions — 2018

The Veteran's appeal is being remanded due to the need for a new VA examination for her left lumbosacral plexopathy and for obtaining private medical records related to her scoliosis.

The Board has remanded the claims for service connection due to insufficient evidence.,Further evaluation and documentation are needed.

The Veteran has withdrawn his appeals for the claims of service connection for fibromyalgia, a back condition, erectile dysfunction, and skin cancer (including as due to herbicide agent exposure). As such, these claims are dismissed.

The Board dismissed the appeals for service connection of a heart condition and an increased rating for a duodenal ulcer. The Veteran's lumbar degenerative disease was granted a 20% disability rating.

The Board has granted service connection for the Veteran's back condition and left knee condition, but remanded the right knee condition due to insufficient evidence.

The Veteran's appeal for an initial rating higher than 10 percent for bilateral hearing loss was denied. The Board also remanded the issue of service connection for a low back disorder due to insufficient evidence in the record.

The Veteran's service-connected lumbosacral strain is being remanded for a new VA examination to assess the severity of his disability, as previous examinations did not meet the requirements set by Correia v. McDonald.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including low back disability, left ankle sprain, and mechanical right ankle pain. The main reasons for remand are due to inadequate examinations that did not address functional loss during flare-ups or with repeated use over time.

The Veteran's claim for an earlier effective date for the award of service connection for cervical sprain with DDD and DJD is denied. The effective date remains October 28, 2010.

Service connection is granted for lumbosacral strain and PTSD/MDD. The issue of service connection for a bilateral eye condition remains pending.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a lumbar spine disability. The issues of entitlement to increased ratings for diabetes mellitus, type II, with peripheral neuropathy of the upper and lower extremities; tension headaches; and PTSD remain remanded due to the need for additional examinations.

The Board has remanded the Veteran's claims for service connection due to incomplete records and requests clarification on whether he wishes to continue his appeals. The issues of increased ratings for tinnitus and bilateral hearing loss are also being remanded.

The Board has remanded the issues of a rating in excess of 40 percent for the Veteran’s lumbosacral spine disability and entitlement to TDIU for the period prior to June 1, 2015 due to inadequate VA examination and missing treatment records.

The Board has determined that additional evidence is needed to decide the veteran's claims for service connection due to her alleged in-service personal assault. The appellant must provide information about her service and any stressor involving a personal assault.

The Veteran's claim for service connection for generalized anxiety disorder is granted. The claims for bilateral hearing loss disability, tinnitus, left lower extremity radiculopathy, and lumbar spine disability are denied. Effective dates prior to July 27, 2012 for these disabilities are also denied.

The Veteran's appeal for a rating in excess of 60 percent for left total knee replacement is dismissed.,An effective date prior to April 1, 2011, for the award of TDIU and eligibility to DEA under 38 U.S.C. Chapter 35 is denied.,The Veteran's appeal for a rating in excess of 10 percent for left knee instability from October 12, 2010 to April 1, 2011 is denied.,An effective date prior to April 1, 2011, for the award of lumbar spine disability is denied.,A rating in excess of 10 percent for LLE peripheral neuropathy and RLE peripheral neuropathy is denied.

The Board has remanded the cases for further development due to the Veteran's failure to report for scheduled VA examinations. The claims will be reconsidered based on the new evidence.

The Board has remanded the Veteran's claims for increased ratings for her lumbar myofascial strain, left and right knee disabilities, as well as her claim for TDIU due to the need for additional VA examinations and consideration of new evidence.

The Board has granted service connection for a left hip/leg disability and denied service connection for a low back disability, finding that the Veteran's current conditions are related to his military service.

The Board denied an increased rating for a post-operative right lumbar discectomy, finding that the Veteran's disability does not meet or approximate criteria for a higher rating due to functional loss and pain affecting his lumbar spine.