Back / lumbar spine decisions — 2019

The Board has determined that the Veteran's claims of service connection for low back, neck, left and right knee, and left and right hand conditions are remanded due to insufficient rationale in a previous VA opinion.

The Board has reopened the Veteran's claim for service connection of a back disability and granted it, finding that there is an approximate balance of positive and negative evidence regarding the etiology of the condition.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records from the Tucson VAMC.

The Board has decided to remand the case due to new service treatment records received since the last final denial. The Veteran's claim of service connection for a low back disability is reconsidered.

The Veteran's low back strain and left lower extremity radiculopathy have been granted increased ratings, with the low back strain receiving a 20% rating effective January 29, 2018, and the left lower extremity radiculopathy receiving a 40% rating from September 13, 2011.

The Veteran's service-connected disabilities, including depressive disorder, degenerative arthritis of the thoracolumbar spine, chondromalacia patellar with arthritis, and tinnitus, rendered him unable to secure or follow substantially gainful employment since March 20, 2018.

The Board has denied the Veteran's claim for service connection for tinnitus. The remaining issues of service connection for left knee, right knee, right hip, and back conditions have been remanded.

The Veteran's TDIU is granted from June 20, 2017. The VA has remanded the issues of increased rating for thoracolumbar spine disability and SMC based on 38 U.S.C. § 1114(s).

The Veteran's low back disability is rated at 40 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's left lower extremity radiculopathy is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's right lower extremity radiculopathy is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's meniscal tear with degenerative arthritis of the right knee is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.

The Board has remanded the Veteran's claims of service connection for various conditions, including tumors on the right side of his colon, arthritis in his arms, feet, hands, and legs, and a lower back condition. The AOJ is instructed to obtain additional medical records and schedule the Veteran for appropriate VA examinations to determine the etiology of these conditions.

The Veteran's claims for service connection related to bilateral hearing loss, bilateral leg disability, and acquired psychiatric disorder (PTSD with depressive disorder) have been granted. The low back and left knee disabilities are secondary to service-connected conditions.,The Veteran's claim for TDIU has also been granted.

The Board has remanded two issues: one regarding a rating for lumbar spine degenerative arthritis with intervertebral disc syndrome (IVDS) and another for left lower extremity radiculopathy of the sciatic nerve. The reasons are that the VA examinations did not provide sufficient information to assess the Veteran's functional impairment, particularly during flare-ups or after repeated use over time.

The Veteran's DDD lumbar spine and right lower extremity sciatica were aggravated during his ACDUTRA service, warranting service connection for these conditions.

Service connection for bilateral pes planus is granted. Service connection for a back disability is remanded.

The Veteran's low back disability is currently rated at 40 percent, but the Board finds that a higher rating is not warranted due to lack of unfavorable ankylosis or incapacitating episodes. The preponderance of evidence does not support a higher rating.

The Board denied service connection for hepatitis, left great toe injury, abrasions and lacerations to fingers of the left hand, left hand cold weather injury, lower back disability, and colonitis due to lack of evidence linking these conditions to active duty service.,Service connection was not granted as the appellant's hepatitis is attributed to his own willful misconduct involving drug use. The other conditions were found not to be related to active duty service.

The Board has remanded the claims due to incomplete actions and requests for a supplemental statement of the case.

The Veteran's appeal is remanded for further examination and opinion regarding his low back disorder, as well as a determination on service connection for the left knee disability.

The Board has decided to remand the cases for further development and examination due to insufficient medical opinions regarding the Veteran's neck and back disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.