Back / lumbar spine decisions — 2019

The Veteran's claim for service connection for a back disability was previously denied multiple times. The Board found that new evidence received after previous denials vitiated the finality of those decisions, and awarded service connection effective December 2, 1976.

The Board has remanded the Veteran's claims due to insufficient evidence and the need for additional examinations. The issues include service connection for various conditions, including psychiatric disorders, knee injuries, foot conditions, and hypertension.

The Board denied service connection for a bladder impairment condition as secondary to the Veteran's service-connected lumbar spine disability and denied entitlement to TDIU due to his service-connected disabilities. The Veteran was found unable to secure or follow substantially gainful employment.

The Board has found that further development is needed to determine the Veteran's ability to work due to his service-connected disabilities and has ordered additional records to be obtained, including VA medical records, worker's compensation records, and a VA examination.

The Board has remanded the claims of service connection for low back disability, right lower extremity radiculopathy, sinus disability, gastrointestinal disability, and hearing loss due to inadequate medical opinions in the December 2018 VA examination.

The Board has granted service connection for tinnitus but remanded the issue of service connection for a lower back disorder due to insufficient evidence.

The Veteran's claim for an increased rating for her service-connected lumbar spine disability was granted, with a 20 percent rating effective September 12, 2016.,Service connection for radiculopathy of the bilateral lower extremities associated with lumbosacral spondylosis was also granted, each rated as 10 percent disabling, effective September 12, 2016. The Veteran's claim for a higher rating for her lumbar spine disability is denied.,The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) was remanded.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no evidence of a current disability related to his military service.,For bilateral hearing loss, the Board granted a 10 percent rating from June 10, 2013, to April 11, 2018. The Veteran's claim for an increased evaluation beyond this period is remanded.

The Board has dismissed the appeal for a higher rating for low back strain. The claim of service connection for right shoulder disability, sleep apnea, and erectile dysfunction secondary to PTSD is remanded due to new evidence received since the April 2009 denial.

The Board has remanded the cases due to the need for additional examinations and evaluations.

The Veteran's major depressive disorder is granted as secondary to her service-connected right and left foot disabilities.,The Veteran's gastroesophageal reflux disease (GERD) claim has been denied.

The Board has remanded several issues related to the Veteran's service connection claims, including for osteoarthritis of multiple joints (including bilateral ankles), spina bifida occulta, cervical spine disability, lumbar spine disability, hypertension, erectile dysfunction, and a cognitive disability claimed as short-term memory loss. Additional evidence is needed from SSA and VA medical records.

The Board has remanded the Veteran's claims for service connection due to incomplete and contradictory VA opinions, as well as inextricably intertwined issues. A new VA examination is required to determine if the Veteran's back disability and left leg sciatica are related to his service.

The Board has not been able to determine the reason for the Veteran's separation from service and needs clarification. Additionally, the AOJ must obtain his complete medical records from his time in active service, including hospitalizations due to ash and dust exposure.

The Board has remanded the cases for additional development to address the etiology of the Veteran's lumbar spine and cervical spine disabilities, as well as whether they are caused or aggravated by his service-connected right shoulder disability.

The Veteran's claims for service connection for low back pain, right knee disability, and residuals of traumatic brain injury have been denied. The Board found that new and material evidence was not received to reopen the previously denied claim for low back pain. For the other conditions, there is no indication of a direct link between the current disabilities and service.,The Veteran's TBI resulted in persistent tension headaches which were rated non-compensable. The Veteran failed to appear at a scheduled VA examination, leading to denial of his request for an increased rating.

The Board has determined that the Veteran's current back condition, Degenerative Disc Disease (DDD) L5-S1, is at least as likely as not related to his active service. Therefore, service connection for this disability is granted.

The Board has decided that a VA examination and medical opinion are needed to determine if the Veteran's current back disability had its onset in service or is related to his military service.

The Veteran's left lumbar radiculopathy is granted with a rating of 20 percent. The Veteran's lumbar spine disability, GERD, right hand carpal tunnel syndrome, thyroid problems, and diabetes mellitus are denied. Service connection for right lumbar radiculopathy is granted.

The Veteran's claims for increased ratings for degenerative joint disease and spondylosis of the thoracolumbar spine, left knee tricompartment degenerative joint disease, and other conditions have been denied as there is no evidence showing that these conditions meet or approximate the criteria for a higher rating during the appeal period.