Back / lumbar spine decisions — 2018

The Veteran is granted a TDIU effective from June 18, 2015. The Board finds that the earlier effective date of September 11, 2012 should be granted as it was determined by VA in September 2012 that the Veteran could not secure or follow substantially gainful employment due to his service-connected post-traumatic headaches.

The Board has remanded the Veteran's claims for service connection due to incomplete medical records and the need for further examination.

The Board has decided that the Veteran's back disability may be related to his service-connected bronchial asthma, but needs further examination and evidence to make a determination.

The Veteran's immediate cause of death was hypertensive and atherosclerotic heart disease. The Board found that the service-connected conditions did not contribute to his death, and there were no pending claims for accrued benefits at the time of his death.

The Board has determined that the Veteran's lumbar spine condition began during his active service and granted service connection for it.

The Board has determined that the Veteran's claims for service connection are remanded due to inadequate development and examination reports. The VA is required to obtain additional records, schedule examinations, and provide adequate opinions.

The Board denied service connection for a right shoulder condition, low back condition, tinnitus, and migraines (chronic headaches with prostrating attacks).,There is no evidence of any current disabilities related to the Veteran's claimed conditions that began during his military service.

The Board has denied the Veteran's claims of service connection for a lumbar disorder and bilateral foot disorder due to lack of evidence linking these conditions to his military service.

The Board dismissed the appeals seeking service connection for chronic lower back pain, DDD, multiple lung nodules, and hypertension as the Veteran withdrew his claims prior to a decision.

The Board has reopened the Veteran's claim for service connection for a low back disability due to new and material evidence. The claims for service connection for sleep apnea and status post left rib fracture are remanded for further development, including obtaining VA treatment records and scheduling examinations.

The Board has remanded two issues related to degenerative disc disease and intervertebral disc syndrome of the lumbar spine, including left lower extremity radiculopathy. The claims are being returned for further review with consideration of recent medical records.

The Board has remanded the case for further examination and evaluation of the Veteran's fibromyalgia, left knee disability, right knee disability, back disability, and bladder disability due to evidence indicating worsening since previous examinations.

The Board finds that the VA examiner's opinion is inadequate because it did not address whether the Veteran’s arthritis with lumbar spondylolisthesis is related to service or his service-connected lumbar strain. The case is therefore remanded for a new medical opinion.

The Veteran's fibromyalgia is granted service connection as a presumptive condition due to his service in the Southwest Asia Theater of Operations during the Persian Gulf War. The Board also found that he has a separate and distinct back disability (DDD and DJD) related to his military service, but remanded for further examination. Service connection for sleep apnea was granted based on presumed exposure, and remanded for additional evidence. Migraine headaches were not rated initially as compensable.

The Board has decided to remand the Veteran's claim for a rating in excess of 20 percent for low back strain due to inadequate examination findings. The case is sent back for further development, including another VA examination.

The Veteran's lumbar spine disability, bilateral hearing loss, and gastrointestinal disability are all remanded for further development. The sinusitis and gastrointestinal issues have been remanded as well.

The Board has granted service connection for sacroiliitis and a rating of 20 percent for lumbar disc degeneration with status post compression fracture from March 16, 2015 to November 20, 2015. The Veteran's intervertebral disc syndrome is not rated higher than the current 20 percent due to lack of evidence showing forward flexion less than 30 degrees or unfavorable ankylosis.

The Board denied service connection for a low back disability, finding that the Veteran's current condition is not related to his military service. The Board also denied service connection for hypertension, concluding there was no evidence of onset or relationship with service including presumed exposure to herbicide agents.,Service connection for hypertension was denied as there was no evidence showing initial manifestations within a year of separation from service and the Veteran's hypertension was diagnosed after discharge.

The Board has decided to remand the case due to insufficient evidence regarding the cause and aggravation of the Veteran's obstructive sleep apnea by his service-connected PTSD and lumbar spine disability. The Veteran will need to provide additional medical records, including those from private treatment providers who have linked his sleep apnea to his service-connected conditions.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine and bilateral foot disabilities, as well as the issue of entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities. The AOJ is required to obtain outstanding private treatment records and schedule the Veteran for VA examinations.