Back / lumbar spine decisions — 2019

The Board has remanded the claims of service connection for an acquired psychiatric disorder, athlete's foot, lumbar spine disorder, sinus disorder, and pes planus due to new evidence submitted by the Veteran.

The Board has remanded the cases due to the need for additional examinations and evaluations of the Veteran's lumbar spine disability, right hip degenerative joint disease, limitation of right hip extension, and limitation of right hip flexion.

The Board has remanded the claims for bilateral shoulder disorders and cervical spine and lower back disorders due to insufficient medical evidence. The Veteran's service treatment records do not consistently document current disabilities, and no competent medical provider has diagnosed any of these conditions.

The Veteran's claim for an effective date of January 31, 1991, but no earlier, for the grant of service connection for PTSD is granted. The remaining claims are remanded.

The Veteran is seeking a higher rating for his lower back disability, which has been rated at 20 percent. The Board has decided to remand the case due to new evidence and the need for a new examination.

The Veteran's lumbar spine herniated intervertebral disc with degenerative changes, bilateral pes planus with bilateral plantar fasciitis, and GERD are all granted a disability rating of 20 percent each.

The Veteran's initial claim for increased ratings for his thoracolumbar spine degenerative arthritis and right knee arthritis was denied. For the period prior to July 29, 2019, he is not entitled to an evaluation in excess of 10 percent for his back disability. Beginning July 29, 2019, he is also not entitled to a higher evaluation for his back disability.

The Veteran's neck disorder, low back disorder, right knee disorder, left knee disorder, and right hip disorder were denied. The claim for right ear hearing loss was reopened but not granted. All issues related to these conditions are being remanded for further evaluation.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, which is granted as TDIU on an extraschedular basis.

The Veteran's claim for an increased evaluation in excess of 20 percent for degenerative disc disease (DDD) of the thoracolumbar spine was denied.,The Veteran's claim for an increased evaluation in excess of 10 percent for left lower extremity radiculopathy prior to September 30, 2014, and in excess of 40 percent thereafter was also denied.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since November 15, 2011.

The Board has remanded the claims for chest pain and lumbar spine condition due to conflicting evidence regarding their onset and relationship to service.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for degenerative disc disease of the lumbar spine and lower left extremity sciatic nerve paralysis due to inadequate examinations supporting the determinations.

The Board has decided to remand the Veteran's claims for service connection due to the need for additional VA examinations and the potential existence of outstanding treatment records.

The Veteran's claims for increased ratings and service connection are remanded due to incomplete service records and additional relevant evidence being associated with the record.

The Veteran's initial rating for loss of use of the right foot prior to May 7, 2012 was granted at 40 percent. The rating in excess of 40 percent from May 7, 2012 is denied. Service connection for low back condition and right knee conditions are remanded.

The Board denied the appellant's claims for service connection for back disability, neck disability, and tinnitus as they were not related to his National Guard service.

The Board denied service connection for low back disorder, neck disorder, and radiculopathy of the bilateral lower extremities as there was no evidence linking these conditions to service.,Service connection could not be granted because the Veteran did not have a current diagnosis of any of these conditions at the time his claims were filed.

The Veteran's claim for service connection for a low back disability was denied in 2007 due to lack of nexus. The Board has now remanded the case for additional development, including obtaining private treatment records related to prostate cancer.

The Board has decided to remand the case due to insufficient clarification of the Veteran's kyphosis condition, which is a part of his service-connected back disability.