Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for a lumbar spine disability and bilateral feet disability, as well as his claim for an initial rating in excess of 50 percent for depressive disorder. The Veteran is to be scheduled for VA examinations to determine the nature and etiology of these conditions.

The Board has decided to remand the case due to insufficient evidence, including missing imaging studies and medical records.

The Veteran's claim of service connection for a low back disability was reopened, and the Board granted this claim. The left knee disability claim is denied.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that her current condition is not related to her active duty service.

The Board denied service connection for back, wrist, knee, finger, and neck disabilities due to lack of evidence linking these conditions to military service.,The VA examinations did not provide sufficient information regarding the etiology of the claimed conditions.

The Veteran's claim for a higher rating for his back disability and radiculopathy of the lower extremities has been denied. The effective dates for service connection have also been dismissed or denied.

The Board has granted service connection for degenerative arthritis of the lumbar spine, bilateral hearing loss disability, and tinnitus. The evidence is in equipoise regarding whether these conditions are related to service.

The Veteran's death was caused by acute congestive heart failure, which is related to his service-connected loss of use of both feet. The Board granted the claim for service connection for cause of death but denied the DIC under 38 U.S.C. § 1318 due to lack of a continuous period of at least ten years of total disability rating.

The Board has remanded the cases of low back disability and residuals of prostatitis for further examination to determine if service connection can be established due to potential aggravation by a service-connected psychiatric condition.

The Veteran's increased rating claim for low back disability was denied. Separate initial ratings of 20 percent were granted for radiculopathy of the right and left lower extremities, but these are subject to regulations governing monetary awards.

The Board denied service connection for low back disability, finding that the Veteran's current condition did not manifest within one year of discharge from service and is not caused or aggravated by service.

The Veteran's service-connected disabilities do not render him unemployable, as his mental and physical limitations limit his occupational opportunities but are not shown to be such as to preclude all forms of substantially gainful employment.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence to support his assertion that it was caused or worsened by his knee disabilities and/or major depressive disorder.

The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for degenerative disc disease and degenerative joint disease of the lumbar spine, as well as his claim for a total disability rating due to unemployability (TDIU). The remand is due to inadequate examination reports from November 2018.

The Veteran's claims for service connection have been reopened, and the RO has granted restoration of their previous disability ratings.

The Board has remanded the claims for service connection for various conditions, including cervical spine disorder, kidney stone, degenerative arthritis of the knees, and sleep disturbances. The AOJ is instructed to ensure all relevant records are translated and obtain appropriate medical opinions regarding the relationship between these conditions and active service.

The Veteran's claim for service connection for fibromyalgia has been dismissed as he withdrew his appeal.,The Veteran is granted a temporary total rating (TTR) following left knee surgery, effective from the date of hospital admission and continuing for up to one year.,The Veteran's claims for right knee pain, low back pain, and an acquired psychiatric disability are remanded due to insufficient evidence regarding their etiology or relationship to service-connected conditions.,The Veteran's claim for a rating in excess of 10 percent for his left knee disability is also remanded.

The Veteran's claim for restoration of a 20 percent rating for his service-connected musculoligamentous lumbosacral strain with degenerative disc disease and small annular tear, effective from January 1, 2013, is granted. The Board also remanded the issue of an increased rating for this condition.

The Veteran's sleep apnea is found to be related to his service, and the claim for this condition is granted.,The Veteran's low back disability is found to be caused by his service-connected myofascial disorder, and the claim for this condition is granted.

The Board denied a rating in excess of 20 percent for the Veteran's service-connected lumbar herniated disc and spondylosis, finding that his disability did not meet or more nearly approximate the criteria for a higher rating based on limitation of motion.