Back / lumbar spine decisions — 2018

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete examinations, including a lack of opinion regarding direct service connection. The Veteran is also seeking TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities rendered her unable to secure or follow gainful employment as of April 10, 2011.

The Veteran's claim for increased ratings and TDIU was denied. The Board found that the evidence did not support a higher rating for lumbosacral strain with spondylolisthesis and DJD, and there was no evidence of ankylosis to support a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. For TDIU, the Veteran's combined disability rating did not meet the criteria set forth in 38 C.F.R. § 4.16(a).

The Veteran's appeal to reopen service connection for frostbite of the hands was dismissed. The Board also remanded the claims for reopening service connection for right knee, left knee, right ankle, left ankle, low back, and right hip disabilities.

The Board has remanded the Veteran's claims for low back and neck disabilities due to the need for additional medical examinations and records. The Veteran is seeking service connection for these conditions, which are currently considered direct service connections.

The Board denied the Veteran's claims for service connection and non-service-connected pension due to a lack of evidence showing that his low back disorder began during service or was related to an in-service injury. The Veteran did not have qualifying wartime service, so he is not eligible for VA pension benefits.

The Veteran's appeal for an initial rating in excess of 10 percent for tinnitus has been dismissed. The Board has also remanded the issues regarding service connection for post-concussive syndrome/TBI, headaches, anxiety disorder with insomnia, and lumbar spine disability.

The Board has decided to remand the claims of service connection for low back disability and right-sided stomach pain due to insufficient evidence. The Veteran's complaints of these conditions during active duty are noted, but VA examinations have not been conducted.

The Veteran's back disability, left knee disability, right knee disability, vision loss, bilateral hearing loss, and breathing condition are not service-connected.,Service connection for the Veteran's back disability is denied. The Board found no evidence of a chronic disability in service or for many years after service.

The Board has remanded the issues of service connection for lumbar spine disability, right leg disability, and left leg disability due to outstanding VA treatment records that need to be obtained.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's back disability. The claim will be reconsidered after a VA examination is conducted.

Your initial evaluations for left knee arthritis and right knee arthritis have been dismissed as you withdrew your appeals.,Your initial evaluation for acne to include scarring of face has been denied. The VA examiner found that the Veteran's acne does not warrant a higher than 30 percent rating based on the current evidence.

The claim of entitlement to service connection for a lumbar spine disability is being remanded due to the need for additional medical examination and opinion. The Veteran's current back issues are currently under review.

The Board has reopened the claim of entitlement to service connection for a low back disability and granted a rating of 30 percent for the right shoulder disability since January 31, 2017. The Veteran's current range of motion measurements indicate loss of motion at approximately midway between side and shoulder level.

The Veteran's claim for an earlier effective date for TDIU is granted. The claims for extraschedular ratings for CFS and low back disability prior to November 16, 1999 are denied.

The Board denied the Veteran's claims for service connection for bilateral knee disability, cervical spine disability, and lumbosacral spine disability. The evidence did not establish a link between these disabilities and service.

The Board has remanded the claims for service connection for a low back disorder, sinus disorder, and gastrointestinal disorder other than GERD due to outstanding VA and private treatment records.

The Veteran's bilateral hearing loss and low back disability are granted, while the remaining issues remain pending due to lack of evidence or further examination.

The Board has remanded the claims of service connection for arthritis, low back disability, gastrointestinal disability, residuals of a traumatic brain injury including brain atrophy, and headaches due to the need for additional medical evidence. The Veteran's current diagnoses include arthritis, dextroscoliosis, gastroesophageal reflux disease, cognitive and memory impairments, and migraine headaches.

The Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) was denied in August 2013. The appellant filed a valid fee agreement and NOD on the Veteran’s behalf, which was considered premature by VA but subsequently granted in January 2015.