Back / lumbar spine decisions — 2018

The Board has denied compensation under 38 U.S.C. § 1151 for lumbar spinal stenosis with radiculopathy due to the August 2014 VA spine surgery, but has remanded cases regarding service connection for acquired psychiatric disability and residuals of eye surgery.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but his unemployability is due to his service-connected conditions. The Board finds that referral to the Director of Compensation Service for extraschedular consideration of a TDIU is warranted.

The Veteran's cause of death was liver cancer, which is not service-connected. The Veteran did not have the required wartime service for nonservice-connected death pension benefits.

The Board denied service connection for a herniated disc of the lumbar spine, finding that there is no evidence to support a link between the Veteran's current condition and his in-service back strain. The preponderance of evidence supports the conclusion that the Veteran's post-service back issues are not related to his military service.

The Veteran's service connection claims for arthritis of the right distal interphalangeal joint, degenerative joint and disc disease of the lumbar spine, degenerative arthritis of the right knee, and depression have all been granted. The Board has found that these conditions are related to his active duty service.

The Board dismissed the Veteran's appeals of service connection for lumbar spine disability and bilateral hearing loss. The Veteran was granted service connection for tinnitus.

The Board has remanded the cases for further development due to insufficient evidence regarding the nature and etiology of the Veteran's claimed disabilities, particularly those related to service connection.

The Board denied the Veteran's claims of service connection for asthma and low back disorder, finding no new and material evidence to reopen the claims. The Board also found that the current low back disorder is not related to service.

The Veteran's appeals concerning service connection and increased ratings for his back condition, bilateral hip disability, PTSD, and right knee disability have been dismissed. The appeal for a TDIU has been granted.

The Board has determined that the Veteran's lower back disability and sleep-related condition are related to service, but more evidence is needed for a definitive determination.

The Board has decided to remand the Veteran's claims for service connection due to incomplete information and need for medical opinions. The issues of left shoulder, low back, and both feet disabilities are being sent back for further evaluation.

The Veteran's appeals for service connection for a back condition and sinusitis have been dismissed as the Veteran withdrew his appeal.

The Veteran's right knee instability, strain, and scars are rated at 10 percent each. The combined rating is less than the minimum required for TDIU (60% or more disability).

The Board has remanded the claims for increased evaluations and earlier effective dates due to incomplete records from private providers.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and requests for additional evidence.

The Veteran's lumbosacral strain with wedge deformities of the thoracic spine is currently rated at 20 percent, which does not meet his claim for an evaluation in excess of this rating.

The Board has granted service connection for lumbar spine and mid-thoracic degenerative disc disease, residuals of a nose fracture (deviated nasal septum), and depressive disorder. Service connection for bilateral hearing loss and tinnitus is denied. The case is remanded to address the issues of service connection for allergic rhinitis and obstructive sleep apnea.

The Board denied service connection for low back disability, left knee disability, right knee disability, peptic ulcer, prostatitis, and hypercholesterolemia as the evidence did not show a relationship to service.,Service connection was also denied for type II diabetes mellitus due to lack of evidence showing exposure to herbicide agents during active service.

The Veteran's claims for service connection for various spinal, nerve, joint, and psychiatric disabilities have been dismissed as the Veteran has withdrawn his appeal of these issues. The claim for a total disability rating based on individual unemployability (TDIU) is remanded due to new evidence.

The Veteran's claims of service connection for various conditions have been reopened, but the issues are being remanded due to missing medical records and need for further examinations.