Back / lumbar spine decisions — 2019

The Board has remanded the claims of service connection for GERD, stomach pain, lumbar spine disability, and obstructive sleep apnea due to unresolved issues.

The Veteran's left lumbar sensory radiculopathy and IVDS of the lumbar spine were previously rated, but a remand is required to obtain additional information about functional loss during flare-ups prior to October 20, 2016.,An initial disability rating in excess of 10 percent for left lumbar sensory radiculopathy, L3-L4 associated with IVDS of the lumbar spine beginning April 30, 2009 is granted.

The Board has remanded the case due to a lack of updated treatment records and an incomplete VA examination. The Veteran's service-connected low back disability needs further evaluation.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for his lumbar spine disability and total disability based on individual unemployability (TDIU) due to inadequate evidence and need for further examination.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine was granted with an effective date of November 28, 1984, which is the day following his separation from active duty. The Board found that the April 2013 rating decision incorrectly applied the laws and regulations regarding effective dates.

The Board has determined that the Veteran's claimed conditions are not service-connected due to lack of evidence showing a nexus between his current disabilities and military service.

The Veteran's claim for a rating in excess of 40 percent for his lower back disability, to include a rating in excess of 20 percent prior to May 8, 2019, was denied. The Board found that the evidence did not show functional limitation consistent with a higher 40 percent evaluation or unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's claim for service connection for a back disability was reopened and granted. The Board found that the current diagnosis of degenerative disc disease (DDD) of the lumbosacral spine is at least as likely as not incurred in active service.

The Board has remanded the Veteran's claims for service connection due to deficiencies in previous medical opinions and need for additional addendum opinions.

The Veteran's lumbar spine and PTSD/cognitive disorder disabilities are being remanded for additional evaluations due to increased symptomatology reported during his recent hearing. Updated VA treatment records and private records must be obtained, and the Veteran should undergo new VA examinations for both conditions.

The Board has remanded the claims for additional disability due to VA podiatry treatment, as there was not substantial compliance with previous remand directives.

The Board has remanded the cases for further development and examination due to inconsistencies in previous opinions regarding service connection.

The Board has denied all service connection claims, finding that the Veteran's claimed conditions are not related to his active duty service.

The Veteran's degenerative changes of the thoracic spine, degenerative disc disease of the lumbosacral spine, and costochondritis are found to be related to his active service.

The Board has remanded the claims for service connection for a right knee disorder and low back disorder due to an inadequate medical opinion regarding secondary aggravation.

The Board has determined that the Veteran's claims for service connection and increased rating are not fully addressed due to new evidence submitted after the July 11, 2019 decision. The issues of service connection for various conditions and an increased rating remain pending.

The Board has decided to remand the Veteran's claims for service connection for back and neck disabilities due to inadequate VA examinations. The Veteran is required to undergo a new examination to determine if his disabilities are related to his military service.

The Board has remanded the issues of service connection for a low back condition, entitlement to increased ratings for cervical strain with degenerative joint disease and PTSD, and TDIU due to the need for further development.

The Board has granted an effective date of June 24, 2010 for the award of a separate compensable rating for right lower extremity radiculopathy.,An initial rating in excess of 10 percent for right lower extremity radiculopathy is denied.

The Veteran's appeal is remanded for a new vocational rehabilitation evaluation to consider his current service-connected disabilities and their impact on his ability to pursue a nursing degree.