Back / lumbar spine decisions — 2019

The Veteran's request to reopen his claim for service connection of IBS has been granted. The Board also remanded several other issues, including the increased rating for lumbar strain and the effective date for right lower extremity radiculopathy.

The Board denied the Veteran's claim for service connection for a lower back disorder, finding that there was no evidence of a nexus between his current condition and his time in service.

The Board has remanded the Veteran's claims for service connection for various disorders, including back, knee, hip, ankle, and gunshot wound to the neck. The reasons include insufficient medical evidence regarding the onset of these conditions during or shortly after service.

The Board has remanded the Veteran's claims for service connection for various disabilities, including right knee disability, low back disability, headaches, left knee disability, sinus condition, and heart disability (left ventricular hypertrophy). The decision also notes that updated VA treatment records are needed.

The Veteran's service-connected disabilities rendered him unemployable or unable to secure and follow a substantially gainful occupation beginning February 4, 2015. A total disability rating based on individual unemployability (TDIU) is granted effective from that date.

The Veteran's claims for service connection for residuals of low back and/or tailbone injury, acquired psychiatric disorder to include PTSD, and left ankle disorder have all been denied. The Board found no current diagnoses or in-service events that would support these claims.

The Board has remanded the claims of compensation under 38 U.S.C. § 1151 for right shoulder injury and service connection for low back condition, to include compensation under 38 U.S.C. § 1151 for low back injury due to duty-to-assist errors.

The Board denied service connection for low back disability as the evidence did not show a chronic in-service injury or disease, and there was no continuity of symptomatology. The VA examiner found that the current low back condition is not related to an in-service injury.

The Veteran's PTSD is granted a 100% rating, effective from the date of the decision. The Veteran's bilateral pes planus and lumbar spine disability are each granted increased ratings.

The Veteran's service-connected disabilities do not result in the need for regular aid and attendance of another person or housebound status, as determined by VA examination. The Board finds that his non-service connected COPD is the primary cause of these needs.

The Board has remanded the Veteran's claims for a compensable rating for bilateral hearing loss, service connection for a lumbar spine disability, service connection for an acquired psychiatric disorder to include PTSD, and service connection for erectile dysfunction disability. The TDIU claim is also being remanded.

The Veteran's tinnitus was granted service connection. The issues of service connection for arthritis of the spine, right ankle condition, and right hip condition are remanded for further development.

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain with intervertebral disc syndrome and right lower extremity radiculopathy due to concerns about the adequacy of prior examinations.

The Veteran's service connection claims for obstructive sleep apnea and degenerative disc disease of the low back have been granted. The claim for a higher evaluation for Raynaud’s phenomenon has been denied, but the issue is being remanded. Effective date issues are pending for thyroid cancer and gastritis secondary to thyroid cancer.

The Board has decided to remand the issue of service connection for lumbar spine disability due to additional development being needed, including obtaining VA and private treatment records.

The Board dismissed the appeal for service connection of a low back condition due to the Veteran's withdrawal. The case is remanded for further evaluation on the issue of service connection for vertigo, which may be secondary to hearing loss and/or tinnitus.

The Veteran's PTSD is granted a 100 percent rating from November 7, 2010. The ratings for low back strain and left knee strain with scar remain denied.

The Board has granted service connection for lumbosacral strain and intervertebral disc syndrome, as well as bilateral lower extremity radiculopathy secondary to these conditions. The decision is based on the Veteran's in-service injury and his current symptoms.

The Board found the reduction in disability rating for left shoulder rotator cuff, left biceps tendon tear was improper and restored the previous 30 percent rating. The Veteran's claims for increased ratings on his lumbar spine DDD, major depressive disorder, hypertension, diabetes, right shoulder rotator cuff tear, and left shoulder rotator cuff tear are remanded.

The Veteran's TDIU claim is remanded due to the need for additional evidentiary development, including a referral to the Director of Compensation Service for consideration on an extraschedular basis.