Back / lumbar spine decisions — 2019

The Board has granted service connection for the Veteran's obstructive sleep apnea, bilateral hand reactive arthritis, right elbow reactive arthritis, low back reactive arthritis, bilateral hip reactive arthritis, and left knee reactive arthritis disabilities as secondary to his service-connected hepatitis C disability.

The Veteran's application to reopen his claim for service connection for a lumbar spine disability was denied. The claims for increased ratings of atrial fibrillation and bilateral dry eyes were also denied.

The Board denied service connection for hypertension, low back disorder, TIA/migraines, and right knee disorder as the evidence did not support a nexus to service or a service-connected condition.

The Veteran's bacterial vaginosis claim was denied, and her wrist and foot conditions were granted initial ratings. The Board found the PTSD claim remanded for further examination.

The Board has remanded the cases due to incomplete verification of periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) from April 1999 through July 2006. The AOJ is instructed to attempt to verify these periods by contacting the Veteran's Reserve units, or provide a formal finding if they cannot be located.

The appeal for service connection for an acquired psychiatric disorder, including major depressive disorder, depressive disorder with alcohol abuse, anxiety disorder, panic disorder, atypical psychotic disturbance, atypical neurologic or cognitive impairment, affective disorder and PTSD is remanded due to the presence of new evidence that may support these claims.

The Board has remanded the Veteran's claims for service connection for depression as secondary to his service-connected disability, increased rating for degenerative disc disease, and increased rating for sinusitis due to incomplete examinations.

The Board has granted the Veteran's claim to reopen his service connection for a back disability, which was previously denied in March 2009. The right ankle disability rating remains remanded as new evidence suggests it may have worsened due to the Veteran's back condition.

The Veteran's low back disorder, diagnosed as lumbar spondylosis and degenerative arthritis at L3-4, L4-5, and L5-S1, is related to his military service. The Board found that the Veteran's current low back pain is related to his military service and the recurrent injuries therein.

The Board has determined that a VA examination and medical opinion are needed to determine the nature and etiology of any current low back disorder, as there was no such examination or opinion in the March 2019 rating decision.

The Veteran was granted an effective date of September 19, 2017 for total disability based on individual unemployability (TDIU) due to his service-connected disabilities preventing him from securing or following substantially gainful employment since May 28, 2017.

The Board has determined that the VA rating decision did not consider all relevant evidence and thus remands the case for a new examination to determine if the Veteran's current back disability is at least as likely as not related to service.

The Board has decided to remand the case due to new evidence received after a previous final denial, and will be readjudicated. The Veteran's claim for service connection for low back disability is being remanded as there are duty-to-assist errors in the prior examination.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that he was not unemployable prior to January 15, 2013.

The Board has remanded the claims of service connection for bilateral foot conditions and a low back condition due to insufficient evidence regarding the etiology of these conditions. The Appellant is not presently service-connected for any disability.

The Board has remanded the case due to a duty to assist error, specifically failing to address whether the Veteran's lumbar spine disability is aggravated by his service-connected total knee replacement of the left knee.

The Board denied the Veteran's claim for service connection for lumbar spine DDD with arthritis and spondylolisthesis as secondary to his right total knee replacement, finding that the preponderance of evidence did not support a causal relationship between these conditions.

The Veteran's claims for service connection for cholesterol, hypertension, and neuropathy of the bilateral upper and lower extremities have been denied as there is no evidence showing that these conditions were incurred or aggravated during his military service.

The Board has dismissed the Veteran's claims for special monthly compensation and service connection due to a lack of jurisdiction over the appeal.

The Board has remanded the case due to new evidence received after the last rating decision, which suggests possible bowel function related manifestations and IVDS. The Veteran needs additional VA examinations to determine the severity of his lumbar spine disability.