Back / lumbar spine decisions — 2019

The Board has granted service connection for a low back disorder that is secondary to the Veteran's service-connected left varicocele disability. The claim for compensation under 38 U.S.C. § 1151 for erectile dysfunction due to a ligation of a left varicocele procedure while on active duty was denied as it did not occur in the course of VA care.

The Board denied service connection for low back, right knee, left knee, right foot, and left foot disorders due to lack of evidence linking these conditions to service.,Service connection was not established as the Veteran's STRs did not show any symptoms or treatment related to these conditions during his military service.

The Board has remanded the Veteran's claims due to insufficient evidence and need for further examination. The issues include service connection for various musculoskeletal conditions, including lower back disability, shin splints, ankle disabilities, and bilateral foot disability, as well as an acquired psychiatric disorder.

The Board has denied service connection for treatment purposes under 38 U.S.C. Chapter 17 for multiple conditions including right shoulder, right knee, left knee, low back pain, restless leg syndrome, headaches (cephalalgia), chronic fatigue syndrome, and fibromyalgia. The character of the appellant's discharge from his period of service was found to be a bar to VA compensation benefits.

The Board has remanded the claims for service connection for residuals of shattered right hand and knuckles, gastroesophageal reflux disease (GERD), bilateral ankle disorder, obstructive sleep apnea (OSA), residuals of cracked left-rib cage, and a low back disability due to incomplete records from National Guard units.

The Board has remanded the cases due to insufficient medical opinions regarding whether the Veteran's low back and left hip conditions are secondary to his service-connected right ankle disability.

The Veteran's appeal has been dismissed as the Board cannot review the same decision. The issues of service connection for mild degenerative disc disease, posttraumatic stress disorder, and drug abuse are not addressed in this decision.

The Veteran was granted service connection for migraine headaches, PTSD, lumbar spine disability, and right knee disability. The claim for erectile dysfunction was denied as the evidence did not show a relationship to service.

The Board has granted service connection for tinnitus and denied service connection for lumbar spine strain and bilateral lower extremity radiculopathy.

The Board has determined that a remand is necessary to obtain updated VA examinations for the Veteran's lumbar and cervical spine conditions due to their worsening since the last evaluations.

The Veteran's appeal regarding a higher rating for lumbosacral strain has been dismissed because the Veteran withdrew her request for such. The case is remanded for consideration of additional VA treatment records related to cervical strain.

The Board has remanded the case for further development, including obtaining additional medical records and providing a VA examination to address whether the Veteran's depression is secondary to his service-connected duodenal ulcer.

The Veteran's appeal for a rating in excess of 10 percent for osteoma of the right tibia was dismissed. The application to reopen his previously denied claim of service connection for low back disability and psychiatric disabilities (depression and bipolar disorder) is remanded.

The Veteran's increased ratings for DJD of the lumbar spine and PTSD have been denied as his conditions do not meet the criteria for higher disability evaluations.,Specifically, the Veteran’s DJD of the lumbar spine is currently rated at 10 percent from January 24, 2012 through June 12, 2019, and in excess of 20 percent since June 13, 2019. His PTSD has been rated at 50 percent since January 24, 2012 through June 5, 2013, and in excess of 70 percent since June 6, 2013.

The Veteran's claims for increased ratings for thoracolumbar spine degenerative disc disease with intervertebral disc syndrome and intervertebral disc syndrome of the right lower extremity were denied as there was no evidence to support a higher rating based on the current manifestations of these conditions.

The Board has remanded the case due to new legal precedent and the need for clarification of a private physician's opinion regarding the Veteran's back disability.

The Board has determined that the Veteran’s service-connected disabilities contributed to his death, and thus granted service connection for the cause of the Veteran's death.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for right lower extremity radiculopathy and lumbar spine disability with degenerative disc disease due to new evidence indicating that his service-connected disabilities have worsened since his last VA examination.

The Board has restored the original disability ratings of 40 percent for lumbar spine degenerative disc disease and left lower extremity radiculopathy, effective March 1, 2017.

The Board has remanded the case due to inadequate compliance with previous remand directives, and a new VA examination is required to determine if the Veteran's low back disability is related to her service-connected bilateral foot calluses or aggravated by them.