Back / lumbar spine decisions — 2018

The Veteran's appeal includes issues related to service connection for a left knee disability and an increased rating for an adjustment disorder. The Board has determined that these issues require further development and are therefore remanded.

The Board has decided to remand the Veteran's claim for service connection for a back disability due to insufficient medical evidence and need for further examination.

The Board dismissed the Veteran's appeals for service connection of various conditions, including memory loss, bilateral hearing loss, sinus disability, skin disability, and increased ratings for chronic lower back pain with degenerative changes of the lumbar spine, and chronic nonallergic rhinitis. The Board also remanded the issue of entitlement to service connection for a left knee disability.

The Board has decided to remand the case due to an inaccurate factual basis in a previous VA examination and the need for additional records, including SSA benefits, worker compensation records, and military hospital records. The Veteran will be scheduled for a new VA examination to determine if her back disability is related to service.

The Board has remanded the Veteran's claims for service connection due to unclear notification of potential evidentiary sources for verifying an in-service personal assault, and the need for a VA psychiatric examination to clarify the diagnosis of any psychiatric disorder. Additionally, a VA examination is needed to determine the etiology of the low back disorder, hypertension, diabetes mellitus, erectile dysfunction, and seizure disorder.

The Veteran's service-connected low back strain is being remanded for a new VA examination due to deficiencies in the previous one.

The Veteran's back disability and associated radiculopathy were granted initial ratings of 10 percent from April 11, 2011 to March 21, 2012, with a higher rating of 40 percent granted starting from March 22, 2012.

The Board denied the Veteran's claims for service connection for a lower back disability and residuals of a head injury, to include headaches, finding that there was no evidence linking these conditions to her military service.

The rating reduction from 30 percent to 20 percent for cervical spine disability was improper, and the 30 percent rating is restored. The Veteran's claim for service connection for a thoracolumbar spine disability and left leg radiculopathy were denied.

The Board has decided to remand the case due to an inadequate medical opinion regarding the Veteran's lumbar spine disability. The claim will be re-adjudicated after a new VA examination.

The Veteran's claims for service connection are remanded due to the need for additional examinations and opinions regarding his dental, respiratory, joint pain, low back pain, hypertension, sleep apnea, and erectile dysfunction conditions. The claim for an increased rating for PTSD is also remanded.

The Veteran's claim for service connection for a low back condition was denied because the new evidence did not provide a nexus between his in-service event and current condition.

The Veteran's low back disability is granted as service connected due to an in-service strain and significant weight gain related to military sexual trauma. The initial rating for PTSD remains remanded.

The Board has granted service connection for the Veteran's lumbar strain, finding that it is at least as likely as not incurred in service.

The Board has remanded the claims for service connection for right fourth finger and thumb disabilities, as well as residuals of a low back injury and gastritis. Additional evidence is needed to determine if these conditions are related to active service.

The Board denied service connection for right hip and lumbar spine disabilities, finding that the evidence did not support a link to active service or a service-connected condition.

The Veteran's spouse is not eligible for special monthly compensation (SMC) based on the need of her aid and attendance because she can perform daily activities independently, except for taking care of the Veteran.

The Board denied service connection for a lumbar spine disability and sleep apnea secondary to PTSD. The Veteran's current lumbar spine disabilities were not incurred in service, as there is no evidence of chronic symptoms during or immediately after service.

The Board has remanded the Veteran's claims for service connection for a lower back disorder and entitlement to Total Disability due to Individual Unemployability (TDIU) because the service treatment records were not considered in the previous decision. The case will be returned to the VA examiner who provided the prior opinion.

The Veteran's service-connected migraines have rendered him unable to maintain gainful employment, and the Board has granted a TDIU rating on schedular basis.