Back / lumbar spine decisions — 2019

The Board has remanded the case due to insufficient reasons and bases for denying a rating in excess of 40 percent, and to reconsider the Veteran's assertions regarding a separate rating for opioid-induced constipation.

The Board denied the Veteran's claim for service connection for a lower back disorder, finding that there is no evidence of a chronic disease or injury in service and noting that the Veteran did not report any back problems at separation. The Board also found that his current back condition was not related to his time in service.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's neck disorders and whether they are related to service. The case will be returned for further development.

The Veteran's claims for residuals of a cold injury, right ankle disorder, left knee disorder, gastroesophageal reflux disease (GERD), and various spine disorders have all been denied. The Board found no evidence to support the Veteran's assertions regarding these conditions.

The Board has determined that the Veteran's failure to report for scheduled VA examinations and his unstable housing situation may have impacted his ability to provide evidence. The claims are being remanded to attempt rescheduling these examinations and obtain any outstanding treatment records.

The Board denied the Veteran's application to reopen his claim for service connection for a lumbar spine disability, finding that new and material evidence had not been received since the August 2017 rating decision.

For the period prior to April 4, 2017, the Veteran's back disability is rated at 10% and denied a higher rating.,For the period from April 4, 2017, the Veteran's back disability is rated at 40% and denied a higher rating.

The Board denied the Veteran's claims for service connection for low back disability and cervical spine disability, finding no evidence linking these conditions to his military service. The decision is final.

The Board has remanded the Veteran's claims for additional development and examination, as well as to address issues related to her service-connected disabilities and any newly diagnosed psychiatric disorder.

The Veteran's claims of entitlement to service connection for various conditions, including bilateral hearing loss, tinnitus, GERD, lumbar degenerative disc disease and small disc herniation, left and right lower extremity radiculopathy, erectile dysfunction, an acquired psychiatric disorder, and obstructive sleep apnea have been remanded due to the need for additional development. The Veteran's service connection claims are not supported by evidence of a current disability or a link between his in-service exposure and any diagnosed conditions.

The Board has remanded the Veteran's claims for service connection for right knee strain, left knee strain, and lumbosacral strain due to inadequate consideration of relevant evidence in previous VA opinions.

The Veteran's service-connected lumbar spine IVDS and ankylosing spondylitis have rendered him unable to secure or follow a substantially gainful occupation, resulting in the grant of TDIU. The VA has not provided sufficient evidence regarding his increased rating claims for the periods prior to December 28, 2017, from December 28, 2017, to December 16, 2018, and from December 17, 2018, forward.

The Veteran's claim of service connection for a left knee condition has been reopened and is granted.,Service connection for an acquired psychiatric disorder (claimed as PTSD) is denied.,Service connection for chronic fatigue syndrome is denied.,Service connection for a heart condition is denied.,Service connection for a left hip condition is denied.,Service connection for a right hip condition is denied.,Service connection for a lower back condition is denied.,Service connection for skin issues is denied.,Service connection for sleep apnea (claimed as sleep issues) is denied.

The Veteran's claims of service connection for various conditions, including hearing loss, joint pain, back disorder, tinnitus, right knee disorder, left knee disorder, right ankle disorder, and left ankle disorder are granted. However, the claim for lung disorder remains pending as no rating has been assigned.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine disability due to insufficient evidence regarding the point during range of motion testing that motion is limited by pain, and whether there are flare-ups causing additional functional loss.

The Board has ordered a new examination to determine the nature and etiology of the Veteran's low back disorder, as the previous VA examiner did not address whether her service-connected ankle or foot disabilities caused or aggravated her current low back disorders.

The Board has remanded the cases for further development and consideration due to insufficient evidence regarding the current severity of the Veteran's service-connected PTSD with TBI, which could impact his entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has remanded the cases for further development and examination as there is insufficient evidence to make a determination on the claims.

The Board has remanded the case due to inadequate consideration of higher ratings for each rating period on appeal, including from September 19, 2017 to June 30, 2019.

The Veteran's claims for bilateral hearing loss, lumbar spine disability, TMJ disorder, right wrist disability, fatigue, nausea, and weight instability have been denied. The Board found no new and material evidence to reopen these claims.,Service connection was not established for any of the conditions listed due to lack of in-service diagnosis or continuity of symptomatology.