Back / lumbar spine decisions — 2018

The Board has decided to remand the cases of low back disorder, right shoulder disorder, blurry vision, and blindness due to insufficient evidence regarding their onset during service or causation. The Veteran's claims will be further evaluated with a VA examination.

The Board has remanded the cases for further examination to determine the current severity of the Veteran's right knee and lumbar spine disabilities, as the previous VA examinations did not comply with the requirements in Sharp v. Shulkin.

The Board has granted the Veteran's petition to reopen his claim for service connection for a low back disorder and has determined that he is entitled to service connection based on direct evidence of in-service injury. The rating assigned will be decided at a later date.

The Board has decided that there may be relevant Social Security records for the Veteran's back pain disability, and they need to be obtained.

The Board denied the appellant's claim for recognition as a helpless child of his father due to lack of evidence showing permanent incapacity for self-support prior to age 18, despite his current disabilities and condition.

The Board has denied the Veteran's claims of service connection for IBS, left knee disorder, left ankle disorder, hypertension, and migraine headaches. The issues have been remanded due to insufficient evidence.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected degenerative disc disease of the lumbosacral spine, bipolar disorder, and denied service connection for headaches, bilateral hip conditions, and diabetes. The rating for degenerative arthritis of the lumbosacral spine remains at 20 percent.

The Board denied the Veteran's application to reopen his claim for service connection for a back condition, finding that no new and material evidence had been presented.

The Board has remanded the claims due to inadequate development and because other issues are inextricably intertwined with these claims.

The Board has remanded the cases due to incomplete information and need for further examination regarding the Veteran's lumbar spine disability, which could affect his ratings for left and right lower extremity radiculopathy.

The Veteran's appeal for an initial compensable rating for left ear hearing loss has been denied. The Board also remanded the issue of service connection for a lower back condition due to unclear periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA).

The Veteran's service-connected disabilities, including ischemic heart disease, lumbosacral strain, and various joint and hearing conditions, have rendered him unable to secure or follow substantially gainful employment. A TDIU rating is granted.

The Board has remanded the cases due to insufficient evidence regarding the nature and etiology of the Veteran's claimed disabilities, particularly his back disability and left knee condition.

The Veteran's recurrent right hip pain is attributed to his service-connected low back disorder and radiculopathy of the right lower extremity. The Board denied service connection for a chronic right hip disability as it was already associated with other service-connected conditions. For TDIU, the Veteran met the criteria due to his multiple service-connected disabilities, but the Board found he is only capable of marginal employment.

The Veteran's claim for service connection for a back disability was denied because the evidence did not support a finding that his current condition is related to his active duty. His claim for an increased rating for right ankle disability was also denied due to his failure to report for a scheduled VA examination.

The Board has remanded the case due to insufficient consideration of the Veteran's lay statements regarding continuity of symptoms since service.

The Board has remanded the claims of service connection for low back disability, left leg disability, right leg disability, and hypertension due to their potential association with service-connected sleep apnea and depression. The Veteran's low back disability is being examined again as it may be related to an in-service injury. The secondary service connection issues are also being remanded.

The claim of service connection for left and right knee disabilities is remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling an appropriate examination.

The Veteran's service-connected low back disability and PTSD with MDD have rendered him unable to secure or follow substantially gainful employment for the entire period on appeal, and a TDIU is granted.

All appeals for service connection and increased ratings are withdrawn. The Veteran's adjustment disorder is granted as secondary to his service-connected headaches.,The Veteran’s degenerative arthritis of the lumbar spine is remanded due to insufficient evidence regarding its etiology, including potential aggravation by a work-related injury in 1999.