Back / lumbar spine decisions — 2019

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, neuropathy of the right and left lower extremities, and degenerative disc disease of the lumbar spine with lumbar strain and spondylosis are remanded due to insufficient medical opinions and missing VA records.

The Board denied a rating in excess of 30 percent for the Veteran's service-connected neck disability, finding that the evidence did not show unfavorable ankylosis or intervertebral disc syndrome (IVDS) requiring bedrest prescribed by a physician.

The Board has determined that the medical expenses incurred at Macon County General Hospital on July 21, 2012 were eligible for reimbursement due to the nature of the emergency and the unavailability of a VA facility.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for new examinations, as the previous VA examinations did not comply with Correia v. McDonald requirements.

The Veteran withdrew his appeal for an increased disability rating for degenerative joint disease of the lumbar spine, post-operative residuals of a hemilaminectomy at the L4-5.

The Board has determined that the Veteran's pension claim should be remanded to assign ratings for his nonservice-connected disabilities and consider extraschedular considerations. The AOJ is instructed to reassess these issues.

The Veteran's claim for service connection for a neck condition has been reopened and granted. The Board also granted separate ratings of 20 percent disabling for severe pain and effusion as well as lateral instability resulting from service-connected right knee disability, effective March 1, 2008. Other claims were denied or remanded.

The Board denied the Veteran's claims for a retroactive effective date of February 1, 1974, for service connection and an increased rating of 40 percent for lumbar spine disability. The decision found no clear and unmistakable error in either decision.

The Veteran's claims for increased ratings in excess of the current evaluations for his lumbar spine disability and associated radiculopathy are remanded due to a lack of recent VA examination and treatment records.

The Veteran's low back condition and sleep apnea were denied service connection, but his cervical spine degenerative disc disease was granted a rating of 30 percent effective April 9, 2014.

The Board has remanded the Veteran's claims of service connection for a lumbar spine disability and an increased rating for his right knee disorder due to lack of compliance with previous remand directives.

The Veteran's cervical spine condition and right upper extremity radiculopathy are granted service connection. The left upper extremity radiculopathy, back condition, and right knee conditions are remanded for further examination.

The Board denied service connection for a low back disability, finding that the evidence did not support a causal relationship between the Veteran's military service and her current condition.,The Board also denied service connection for asthma, concluding there was insufficient evidence to link the Veteran's current condition to her time in service.

The Board has dismissed all service connection claims due to the death of the appellant.

The Board has remanded the cases for further development and examination as they pertain to service connection for TBI, neck disability, spinal fusion (low back disorder), and headaches.

The Board has remanded the claims for service connection for bilateral hearing loss, low back disorder (claimed as arthritis), and cardiovascular disorder due to potential issues with causation or etiology.

The Veteran's service connection claim for residuals, status post reduction mammoplasty (including breast numbness) is granted. The Board also remanded the claims for left wrist disability, low back disability, neck disability, and migraine headaches.

The Board denied the Veteran's claims for service connection for a low back condition and a right knee disability, including meniscal tear status post arthroscopic repair. The Board found that there is no current diagnosis of a low back disability and that the Veteran’s right knee condition was less likely than not incurred in or caused by his military service.

The Veteran's lumbosacral strain was rated at 20 percent effective July 23, 2019. The right carpal tunnel syndrome remains rated at 10 percent.,Issues related to service connection for unspecified trauma and stressor-related disorder, miscarriage residuals, hernia surgery residuals, generalized anxiety disorder, left carpal tunnel syndrome, and bilateral plantar fascitis with pes planus are all remanded.

The Board denied a higher rating for the Veteran's service-connected back disability, finding that at all times during the appeal period, his forward flexion of the thoracolumbar spine was greater than 30 degrees but not less than 50 degrees and did not meet the criteria for an increased rating.