Back / lumbar spine decisions — 2019

The Veteran's lumbar DDD disability is currently rated at 10 percent, and the Board has decided to remand this case for further development including an updated examination and treatment records.

The Board has remanded the claims of service connection for back, right knee, and left knee disabilities due to inadequate opinions in a previous VA examination.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for erectile dysfunction was denied because the evidence did not show that his condition resulted from VA care, treatment, or examination. The claim for service connection for a back disability was granted as it is presumed to be related to active duty service.

The Board has remanded the case due to additional evidence received after the February 2018 SOC, and the issue of service connection for a back disability is being reconsidered.

The Board has remanded the Veteran's claims for bilateral hearing loss, PTSD, and a back disability due to incomplete records and lack of VA examinations.

The Board denied a disability rating in excess of 10 percent for the Veteran's lumbar spine, degenerative disc disease, osteoarthritis and strain due to the lack of evidence showing forward flexion of the thoracolumbar spine greater than 30 degrees or less; or combined range of motion of the thoracolumbar spine not greater than 120 degrees.

The Board denied service connection for left shoulder, lumbar spine, right knee, and left knee disabilities. The appeal regarding the right foot disability is still pending.

The Board has decided to remand the Veteran's claims for lumbar spine and left knee disabilities due to incomplete medical records, specifically prison medical records. The VA examiner did not address why the disabilities are related to service.

The Board has reopened the claim for service connection for a back condition and remanded it for further adjudication. The Veteran's back condition is being evaluated to determine if it is related to his in-service injury.

The Veteran's appeals have been dismissed due to the withdrawal of his appeal by him and his attorney.

The Board has denied the Veteran's claim for service connection for a low back condition, finding that there is no evidence to support a causal relationship between his current thoracolumbar spine disability and his military service.

The claim for service connection for a back disorder is reopened, and the claims for left lower extremity radiculopathy and right lower extremity radiculopathy are remanded. The TBI evaluation reduction is also remanded.

The Board has reopened the Veteran's claim for service connection for depression, to include sleeping problems due to new and material evidence. The claims for service connection for a back disorder, residual scar, reactive airway disease, and increased rating for left lower extremity complex regional pain syndrome are remanded.

The Veteran's appeal for service connection for sleep apnea has been withdrawn. The Board has remanded the issues of service connection for tinnitus, rhinitis, a neck disability, and a rating in excess of 20 percent for a back disability, as well as TDIU due to service-connected disabilities.

The Board has granted separate 10 percent ratings for radiculopathy of the left and right lower extremities associated with service-connected lumbar spine degenerative arthritis. The Veteran's claim for increased rating for his lumbar spine degenerative arthritis, bilateral hearing loss, and erectile dysfunction remains pending. Additionally, the Board has remanded claims for service connection for the cause of death, abdominal aorta aneurysm, and heart condition.

The Veteran's appeals for increased evaluations and service connection have been dismissed due to the Veteran withdrawing his appeal of these issues prior to a decision being made.

The Board has granted service connection for the Veteran's back disability, finding that it is related to an in-service injury and resolving reasonable doubt in favor of the Veteran.

The Veteran's service-connected disabilities (traumatic injury of the lumbosacral spine, adjustment disorder with depressed mood, and tinnitus) do not prevent him from securing or following a substantially gainful occupation.

The Veteran's low back disability is rated as 10%, 20%, and 40% prior to June 14, 2011, from June 14, 2011 to April 15, 2018, and beginning April 15, 2018, respectively. The appeal is remanded due to the need for further development.

The Board has remanded the cases due to failure to comply with previous remand instructions, including scheduling of VA examinations for right eye disability, headaches, and back disability. The Veteran was not properly notified of these examinations.