Back / lumbar spine decisions — 2019

The Veteran requested to withdraw all issues currently on appeal before the Board could make a decision.

The Veteran's claims for increased ratings for left lower extremity radiculopathy and recurrent low back strain were denied. The Board also found that the Veteran's claim for a total disability evaluation based on individual unemployability was not properly adjudicated.

The Board denied service connection for a low back disability and a neck condition, finding that the evidence did not support an in-service injury or event.,There is no clear indication of a current diagnosis of a neck condition during active duty. The Veteran's wife provided statements suggesting a fall from a truck caused his neck pain.

The Board has determined that the Veteran's claim for a higher rating for his lumbosacral strain is remanded due to insufficient evidence. The reduction of his disability rating from 40 percent to 20 percent was not proper, and he must be scheduled for an examination to determine the current severity of his condition.

The Board has remanded the case due to inadequate examination for assessing the severity of the Veteran's lumbosacral strain and radiculopathy. The Veteran is seeking increased ratings for his service-connected conditions.

The Board has determined that the remand directives were not substantially complied with and thus another remand is warranted. The Veteran's claims for service connection are being returned to the AOJ for further development.

The Board has determined that the Veteran's lumbar spine, left and right lower extremity radiculopathy, and obstructive sleep apnea disabilities require further examination to determine their current severity. The TDIU claim is also remanded due to its inextricable link with the other claims.

The Board has granted service connection for left knee chondromalacia, right knee chondromalacia, and chronic mechanical low back syndrome. The remaining issues of service connection for a cardiac disability, bilateral foot disability, left lower extremity vascular disability, PTSD rating in excess of 30 percent, and TDIU are remanded.

The Board has decided that the claim for a rating in excess of 10 percent for low back strain is remanded due to incomplete claims file and missing documents. The Veteran needs to provide copies of any private treatment records, and an examination will be scheduled to determine the current severity of his service-connected back disability.

The Veteran's claims for service connection for various conditions, including right hand disability, lumbar spine disability, left knee disability, major depressive disorder, hypertension, and headache condition are all granted. The effective date is not specified.

The Board has denied service connection for post-traumatic stress disorder, lumbosacral strain, hearing loss, sleep apnea, insomnia, right foot disorder (pes planus), left foot disorder (pes planus), vision disability, right knee disorder, left knee disorder, migraine headaches, and skin disorder.,The Board found no evidence of a chronic lumbar disorder that began during service or is otherwise related to an in-service injury or disease.

The Board has decided to remand the Veteran's claim for service connection of a back condition, as it is inadequate due to an insufficient examination. The examiner did not address whether the Veteran’s back condition is aggravated by his bilateral knee disability and provided no rationale.

The Board granted effective dates of July 16, 2008 for separate ratings for right and left lower extremity radiculopathy due to an increase in the Veteran's service-connected back disability.

The Board has decided to remand the case due to the need for a new VA examination to assess the severity of the Veteran's lumbar and thoracic sprain.

The Veteran's tinnitus service connection claim was granted with an effective date of March 8, 2016. However, his request for a higher rating and earlier effective date were denied.,His bilateral hearing loss disability is currently rated as zero percent disabling.

The Board denied the Veteran's claims for service connection for low back disorder, right lower extremity radiculopathy, left lower extremity radiculopathy, and disability manifested by seizures. The Board found that there was no evidence of a nexus between these conditions and active service.

The Veteran's claim for service connection for pharyngitis was denied as there is no current diagnosis of the condition.,The Veteran's claims for service connection for weight loss disorder and fatigue disorder were also denied due to lack of a current diagnosis.

The Board has determined that new material evidence has been received, allowing the reopening of claims for service connection for a low back disorder and nerve damage to toes. The claim for PTSD remains denied.

The Board has reopened the claim for service connection for a lower back disorder due to new and material evidence. However, the claim is still pending as it was remanded for further development and examination.

The Board dismissed all claims for service connection due to the Veteran's death.