Back / lumbar spine decisions — 2019

The Veteran's appeals for increased ratings for cervical spine disorder and lumbar spine disorder have been dismissed as the Veteran withdrew his appeals.

The Board has decided to remand the case due to the need for a new VA examination to assess the Veteran's low back disability, as the previous examinations did not adequately address the impact of flare-ups and other functional limitations.

The Veteran's claim for service connection has been reopened, but the Board finds that additional evidentiary development is required due to outstanding VA treatment records and a need for an opinion regarding the relationship between his current conditions and in-service injuries.

The Veteran's acquired psychiatric disorder, including PTSD and an unspecified anxiety disorder, has been granted service connection.,Service connection for a heart disorder is remanded as secondary to the Veteran’s service-connected acquired psychiatric disorder.

The Veteran's claims for an increased rating and TDIU were denied due to his failure to appear for a scheduled VA examination.

The Board has granted service connection for the Veteran's right knee condition on a secondary basis, finding that it is proximately due to his service-connected disabilities.

The Veteran's service-connected DDD lumbar spine, cervical spine, left and right medial tibial stress syndrome, bilateral hearing loss, and hypertension are being remanded for further evaluation to determine their current severity.

The Veteran's appeal is being remanded for further examination and opinion regarding his left leg inversion condition, erectile dysfunction, and service connection claims.

The Board has remanded the Veteran's claim for service connection for a lower back disability, which is currently considered secondary to his service-connected left knee disability. The case will be returned for further development and an addendum opinion from the September 2018 examiner.

The Veteran's service connection for bilateral hearing loss is denied. The Board granted a TDIU based on the benefit-of-the-doubt doctrine, resolving all reasonable doubt in favor of the Veteran.

The Board has decided that the Veteran's current lower back condition is not related to his active service and remands the case for further action.

The Board has decided that the Veteran's right hip and lower back disabilities are secondary to his service-connected left foot fracture. However, further medical opinions are needed to determine if these conditions were caused or aggravated by his service-connected condition.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's current back disability is related to his in-service injury. The examiner should consider whether later development of arthritis or compression deformities may be due to the in-service injury, even if not present at the time.

The Board has dismissed the claims for a rating in excess of 10 percent for residuals of retained shrapnel, left hand; service connection for rheumatoid arthritis; service connection for acquired psychiatric disorder (depression); service connection for left hand carpal tunnel syndrome; service connection for a respiratory disability; service connection for a skin disorder (dermatitis); and service connection for right ear hearing loss disability. The Veteran's claim of entitlement to Sjogren’s disease has been granted.

The Veteran's claim for a higher rating for posttraumatic low back pain is denied.,The Veteran's claims for initial ratings in excess of 10 percent for right and left lower extremity radiculopathy are both denied.,The Veteran's claim for TDIU is remanded.

The Veteran's service-connected disabilities, including depressive disorder, lumbosacral strain, postoperative residuals of a perirectal abscess excision, and right lower extremity radiculopathy, have rendered her unable to secure or follow any substantially gainful occupation. The Board has granted TDIU based on the severity of these conditions.

The Veteran's claims for service connection for painful feet and chronic back disability have been granted as new and material evidence has been received. The issues of service connection are now reopened.

The Board has found that the VA did not obtain all requested records from the Federal Tort Claims Act (FTCA) case against VA. The case was remanded to attempt to obtain these records, but no further action has been taken yet.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for her right sacroiliac joint dysfunction with chronic low back strain and for TDIU due to service-connected disabilities. Additional development is required, including scheduling VA examinations and obtaining updated treatment records.

The Veteran's claims of increased ratings for his bilateral flat feet and right foot metatarsalgia, DDD of the thoracolumbar spine, and right knee patellofemoral pain syndrome are remanded due to lack of recent VA examinations. The TDIU claim is also remanded as it is inextricably intertwined with these increased rating claims.