Back / lumbar spine decisions — 2019

The Board has remanded the claims for a rating in excess of 20 percent for a low back disability and a rating in excess of 10 percent for a left hip disability, as well as the TDIU claim due to insufficient evidence from previous VA examinations. The Veteran will need to provide medical records and undergo additional VA examinations.

The Board has remanded the claims due to insufficient evidence regarding the severity of the Veteran's lumbar spine disability, including a lack of a retrospective opinion based on VA examinations conducted in 2008, 2009, and 2016.

The Veteran's claims for PTSD, left upper extremity nerve disorder, neck disorder, back disorder, left hip disorder, and left shoulder and arm disorder have been reopened. Service connection has been granted for the neck disorder, left arm/elbow disorder, and left upper extremity nerve disorder (cubital tunnel syndrome with ulnar neuropathy). The remaining issues are remanded for further examination.

The Board denied the Veteran's claim of service connection for a low back disability, finding that new and material evidence had not been presented to reopen the claim.

The Board denied the Veteran's claims for service connection for a right tibia disability and degenerative disc disease of the lumbar spine, finding that there was no clear and unmistakable error in the July 2010 rating decision. The claim for increased rating for sacroiliitis and separate compensable rating for pubic synthesis disability is remanded.

The Veteran's appeal for a higher rating for PTSD with major depression was denied, as her symptoms did not meet the criteria for a 100% disability rating.,The Veteran's appeal for TDIU was also denied, as she is unable to secure or follow a substantially gainful occupation due to her service-connected disabilities.

The Board denied the Veteran's claims of service connection for lumbar spine, left knee, and right knee disabilities due to a lack of evidence showing an in-service injury or disease related to these conditions. The preponderance of the evidence did not support a finding that any current disability was incurred during active service.

The Veteran's claim for an initial compensable rating for bilateral hearing loss has been denied.,The Board has remanded the claims of service connection for a lower back disorder and bilateral lower extremity radiculopathy due to incomplete records.

The Veteran's claims for higher ratings for his service-connected degenerative changes of the lumbar spine, osteoarthritis of the right knee, and osteoarthritis of the left knee have been denied since April 26, 2019.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including a VA examination and scheduling of a DRO hearing.

The Veteran's service-connected disabilities, including severe lumbar spondylosis and bilateral pes planus with Achilles and posterior tibial tendonitis, prevented him from securing and maintaining substantially gainful employment beginning February 15, 2017. The Board granted a TDIU based on the combined rating of 70 percent.

The Board has decided to remand the Veteran's claims for service connection due to a duty to assist error, requiring additional evidence and a VA examination.

The Veteran's claim for service connection for a lower back condition has been reopened due to the submission of new and relevant evidence.,The Veteran's claim for service connection for glaucoma, secondary to diabetes mellitus type II, has been reopened due to the submission of new and relevant evidence.

The Board has remanded the claims for service connection due to in-service laundry duty causing current lumbar spine, left shoulder, and right shoulder disorders. The acquired psychiatric disorder is also being reviewed as secondary to these conditions.

The Board has remanded the cases of service connection for thoracolumbar spine disability, bilateral eye disability (blurred vision), cervical spine disability, and headache disability due to insufficient evidence or conflicting medical opinions.

The Board has granted service connection for cervical and thoracolumbar spine conditions. However, the Veteran's bilateral upper and lower extremity radiculopathy claims are remanded due to insufficient medical opinions.

The restoration of the 60 percent rating for prostate cancer is granted. The reduction of the 70 percent rating for PTSD to 50 percent effective October 1, 2015, and the evaluation in excess of 20 percent for a low back disability are remanded.

The Veteran's lower back disability is currently rated at 10 percent, but the Board finds that it does not meet the criteria for a higher rating as there is no evidence of additional functional loss due to pain or other factors. The claim for an increased rating is denied.

The Veteran's appeal regarding Bell’s palsy was denied as his disability did not meet the criteria for a higher rating.,The Veteran's claim for service connection of a back disability is remanded and will be addressed after further examination.

The Board has remanded the case due to inadequate medical opinions and new evidence is needed to determine if the Veteran's current low back disability is related to service.