Back / lumbar spine decisions — 2018

The Board has ordered a remand for the Veteran to provide medical records and for a VA examination to determine if his current lumbar spine disorder is related to his military service.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including whether they are related to his service in the Persian Gulf War.

The Veteran's lumbar spine disability was granted a 40% rating effective December 23, 2010. The right hip disability and radiculopathy were also granted ratings.

The Board has granted the Veteran's claims for service connection for right and left knee disabilities, as well as cervical spine degenerative disc disease. The issues of service connection for a left shoulder disability (secondary to cervical spine disability), low back disability, and an initial rating greater than 10 percent for a service-connected left ankle disability are remanded.

The Veteran's major depressive disorder is currently rated at 70 percent, and the Board finds that a higher evaluation is not warranted.,The Veteran's cervical spine degenerative disc disease is currently rated at 20 percent, and the Board finds that a higher evaluation is not warranted.,The Veteran's lumbosacral spine degenerative joint and disc disease is currently rated at 20 percent, and the Board finds that a higher evaluation is not warranted.,The Veteran's posttraumatic tension headaches are currently rated at 30 percent, and the Board finds that a higher evaluation is not warranted.

The Board has granted service connection for a low back disability, but the issues of service connection for chronic stomach pain and headaches secondary to PTSD have been remanded due to the need for additional examinations.

The Veteran's service-connected lumbar spine DDD and associated left leg radiculopathy are being remanded for a new VA examination to assess the current level of severity.

The Board has remanded the claims of service connection for a low back disability and a psychiatric disorder, as well as the claim seeking compensation per 38 U.S.C. § 1151 for hypertension resulting from inadequate VA treatment.

The Board has remanded the case due to inadequate examination and failure to address the Veteran's lay statements regarding his in-service injury. The Veteran is seeking service connection for a back disability, which he claims was aggravated by an in-service injury while carrying heavy bottles.

The Board denied the Veteran's claims of service connection for a low back disability and left knee/leg disability, finding that there was no evidence to support these conditions began during or were related to his military service.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's low back disorder and a lack of relevant private treatment records. The claim will be returned for further examination and consideration.

The Board has remanded the claims of service connection for low back and bilateral knee disabilities due to insufficient consideration of all relevant in-service treatment records.

The Board has reopened the claim of service connection for a thoracolumbar spine disability and granted service connection for headaches, major depressive disorder, and obstructive sleep apnea. The cervical spine disability claim remains denied as new and material evidence was not received.

The Board has dismissed the appeals for increased ratings for asthma, hypertension, GERD with small bowel obstruction, and lumbar strain as the Veteran withdrew his appeal in an August 2018 written statement.

The Veteran's tinnitus is currently rated at 10 percent and no higher, as it does not meet the criteria for a higher rating.,Service connection has been granted for major depressive disorder secondary to service-connected PTSD.,Joint pain (bilateral knee osteoarthritis), neck disorder (cervical spine arthritis), and back disorder (lumbar spine arthritis) have not met the criteria for service connection as they are not shown to be related to service or within one year of separation from service.,Left ankle disorder, vision disorder (refractive error of the eye), bilateral hearing loss, shortness of breath, and sleep disorder have not been established as service-connected due to lack of evidence linking these conditions to service.,Heart disorder has not met the criteria for service connection.

The Veteran's PTSD is granted as service-connected, and her right shoulder disability claim has been reopened. The right shoulder disability remains denied.

The Veteran's right shoulder impingement syndrome and cervical degenerative disc disease have been remanded for further evaluation due to reported worsening of symptoms.

The case is being remanded due to technical errors in the previous processing, and a VA examination of the Veteran's back is needed.

The Veteran's application to reopen claims for service connection for bilateral knee disorders, low back disorder, right ankle disorder, and acquired psychiatric disorder is granted. The case is remanded for additional examinations and development.

The Veteran's claims for increased ratings for lumbosacral strain and unspecified depressive disorder associated with his back condition are being remanded due to the need to obtain additional information from Social Security Administration (SSA) records.