Back / lumbar spine decisions — 2018

The appeals for the veteran's claims of service connection for degenerative disc disease, emphysema, COPD, ruptured spleen, and sciatica have been dismissed due to the death of the appellant.

The Board denied the Veteran's claim for service connection of a low back disability, finding that the evidence did not support a relationship between his in-service strain and his current degenerative joint disease.

The Board has determined that the Veteran's current low back disorder, including degenerative joint and disc disease of the lumbar spine, is service-connected as it arose during his military service.

The Board has received additional evidence and is remanding the claims for further consideration by the AOJ.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's cervical spine disability is caused or aggravated by his service-connected lumbar spine disability.

The Board has remanded the Veteran's claims for service connection and evaluation of various conditions due to incomplete medical opinions and lack of supporting evidence. The issues include back disorder, neck disorder, pituitary adenoma (claimed as brain tumor), TBI, pes planus, hypertension, and headaches.

The Veteran's claims of service connection for heart disease and back disability have been denied. The Board found no evidence linking the current conditions to active service.

The Veteran's low back disability is rated at 20 percent, effective September 4, 2018. Separate ratings of 10% each are granted for right and left lumbar radiculopathy of the lower extremities, also effective August 9, 2007. The TDIU claim was denied.

The Board has remanded the Veteran's claims of service connection for lumbar and cervical spine disabilities due to insufficient development and examination.

The Veteran's anxiety disorder is granted service connection, while type II diabetes mellitus and back disability are denied. Migraine headaches, PTSD, and major depressive disorder claims remain pending.

The Board has dismissed all service connection claims due to the death of the appellant.

The Board denied service connection for cervical and thoracolumbar spine disabilities, finding no current disability or evidence of in-service injury that would support a grant of service connection.

The Veteran's lumbar radiculopathy was granted a separate rating of 10 percent from January 5, 2009 to December 2, 2011. The Veteran's claim for an increased rating in excess of 10 percent from December 3, 2011 to October 16, 2016 was denied.

The Board has granted service connection for bilateral hip osteoarthritis and denied the remaining claims, including those for shoulder disability, knee disability, ankle disability, heart condition, diabetes mellitus type II, cervical spine disability, vertigo, hypertensive cardiovascular disease, diabetic neuropathy of the upper extremities, and diabetic neuropathy of the lower extremities.

The Veteran's low back disc herniation is now rated at 40%, effective from the date of this decision. The right lower extremity radiculopathy remains at a 40% rating.

The Board has remanded the claims of service connection for bilateral hip bursitis, plantar fasciitis, and a low back disability due to the need for additional development. The Veteran's lay statements regarding in-service injuries are credited, and VA examinations are required to address the etiology of her disabilities.

The Board has determined that the Veteran's low back disability is at least as likely as not due to an injury sustained during service, and thus grants service connection for residuals of a low back injury.

The Board has determined that the VA examinations for the Veteran's lumbar back condition and bilateral leg conditions are inadequate. The Veteran is being remanded to obtain new, adequate examinations with a rationale addressing his in-service complaints of pain and injuries.

The Board has remanded the Veteran's claims for additional development due to incomplete medical examinations and lack of proper verification of a stressor.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to new evidence received after a January 2017 supplemental statement of the case. The VA examinations were not conducted, and additional development is required.