Back / lumbar spine decisions — 2019

The Board has decided to remand the case due to the need for additional development regarding the Veteran's lumbar spine disorder, including clarification of dates and treatment records from his Army Reserve service.

The Veteran's lumbar spine disability is granted at a 40 percent evaluation prior to May 14, 2016. From May 14, 2016 onwards, the rating for his lumbar spine disability is denied as it does not meet the criteria for an evaluation in excess of 20 percent.

The appeal for a compensable evaluation for bilateral hearing loss is dismissed. The low back disorder issue has been remanded.

The Veteran's lumbar degenerative disc disease and IVDS are rated at 40 percent from May 21, 2014. The Board has remanded the issues of service connection for these conditions as secondary to other disabilities and for TDIU prior to May 21, 2014.

The Board has remanded the cases for further development and examination to determine if any of the Veteran's disabilities are related to service. The issues include right knee disability, lumbar disability, nasal disorder, TBI, OSA, and an acquired psychiatric disorder.

The Veteran's appeal is dismissed because he died during the pendency of his claim. The Board has no jurisdiction to adjudicate the merits of this case.

The Board has determined that the Veteran's claim for specially adapted housing and special home adaptation grant is remanded due to a duty-to-assist error. The Veteran needs an examination to assess his service-connected disabilities and their impact on his ability to use aids such as braces, crutches, canes or a wheelchair.

The Veteran's claims for prostate cancer, pancreatic cancer, neck condition, and degenerative arthritis of the spine were denied as there was no evidence of service connection or exposure to ionizing radiation.

The Board has granted service connection for bilateral plantar fasciitis, back disability, and left hip degenerative arthritis. The Veteran's current diagnoses of these conditions are supported by medical evidence, and the evidence is at least evenly balanced as to whether they had their onset in service.

The Board has granted service connection for a right shoulder condition related to the Veteran's service-connected cervical spine disability. The rating for the cervical spine disability remains at 10 percent.

The Board has granted service connection for the Veteran's low back disability, PTSD, right lower extremity radiculopathy, left lower extremity radiculopathy, left hamstring disability, right hamstring disability, and neck disability. Service connection was also granted for hypertension. The claim for a cardiac disability is remanded, an initial compensable rating for bilateral hearing loss is remanded, and service connection for a low back disability is remanded.

The Veteran's claims for service connection for back and rib disabilities have been denied.,The claim of a compensable evaluation for the left groin strain disability is being remanded.

The Board dismissed the appeals of service connection claims for various conditions as the Veteran withdrew his appeal prior to a decision being made.

The Board has denied the Veteran's claims for service connection for peripheral neuropathy of the bilateral upper extremities, gout, and lumbar degenerative joint/disc disease. The Board found that there is no current diagnosis of these conditions and that the preponderance of evidence does not support a finding that they are related to service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and outstanding VA treatment records. The Veteran is also being asked to provide information about his medical history and any relevant private treatment providers.

The Board has remanded the case due to incomplete records and the need for a new medical opinion regarding the etiology of the Veteran's low back disability.

The Board has remanded the cases for further development due to insufficient medical opinions regarding the Veteran's back condition and sleep apnea.

The Board has remanded the claims of service connection for lumbar and cervical spine disabilities due to inadequate medical opinions provided in previous examinations. The Veteran's statements regarding his military service, including a horseback riding accident, are considered.

The application to reopen the claim of service connection for a left hip disorder is denied.,An earlier effective date for the grant of service connection for right lower extremity (RLE) radiculopathy is denied.,An earlier effective date for the grant of service connection for left lower extremity (LLE) radiculopathy is denied.,An earlier effective date for the grant of service connection for a lumbar spine disability is denied.,A rating in excess of 10 percent for RLE radiculopathy is denied.,A rating in excess of 20 percent for LLE radiculopathy is denied.,A rating in excess of 40 percent for degenerative disc disease (DDD) with status/post diskectomy is denied.,Service connection for an acquired psychiatric disorder is granted.,Service connection for a headache disorder is granted.,Service connection for a sleep disorder is denied.,Service connection for tinnitus is denied.,Service connection for a right hip disorder is denied.

The Board has remanded the Veteran's claims of service connection for an acquired psychiatric disorder and a back condition (tailbone fracture) due to inadequate VA examinations. The examinations did not adequately assess whether these conditions are related to the Veteran's active duty service.