Back / lumbar spine decisions — 2019

The Veteran's degenerative disc disease of the cervical spine is currently rated at 20 percent since January 31, 2016. The Veteran's cervical radiculopathy has not been found to warrant a higher rating.

The Veteran's claims for service connection have been reopened, but the Board has determined that there is insufficient evidence to grant a rating in excess of 100 percent for PTSD and denied entitlement to a temporary total evaluation due to treatment requiring convalescence. The issues of service connection for various conditions remain on appeal.

The Veteran's claim for an earlier effective date for service-connected osteoarthritis is remanded due to the need to obtain additional VA treatment records and determine when prior claims were filed.,The Veteran's claim for service connection for peripheral neuropathy is remanded as there may be missing VA treatment records not yet associated with his file, and a new examination is needed considering the potential link between radiation exposure and peripheral neuropathy.,The Veteran's claim for service connection for bilateral eye disorder is remanded due to the need to obtain additional VA treatment records and consider whether radiation exposure could have caused or contributed to his diagnosed conditions.,The Veteran's claim for service connection for a dental disorder is remanded as there may be missing VA treatment records not yet associated with his file, and a new examination is needed considering the potential link between radiation exposure and his dental condition.

The Board has denied service connection for cervical strain with degenerative joint disease, lumbar back pain with degenerative changes, left upper extremity numbness and pain, and left lower extremity peripheral neuropathy as the evidence does not support a nexus to active service.

The Board has decided to remand the Veteran's claims for service connection for left knee and back conditions due to incomplete notification of her rights under the Veterans Claims Assistance Act of 2000 (VCAA).

The Veteran's claim for service connection for a thoracolumbar spine disability is being remanded due to the need for a VA examination. The appeal will be reopened as new and material evidence has been received, but further evaluation is needed to determine if the condition is related to service.

The Board has remanded the Veteran's claims for service connection due to insufficient information in the VA examinations and need for additional evidence. The issues include PKU, lumbar spine disability, and an acquired psychiatric disorder.

The Veteran's claims for service connection were denied, and the appeal to reopen his claims was also denied. The Board found that new evidence did not raise a reasonable possibility of substantiating the claims.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to November 8, 2004, finding that his service-connected disabilities did not preclude him from securing and following substantially gainful employment.

The Veteran's appeal is being remanded due to the need for additional medical examinations and records, particularly regarding her service-connected foot disabilities. The appeals will be reconsidered after these steps are completed.

The Board has remanded the claims for service connection of a low back condition, a skin condition, and a psychiatric disorder to include depression due to failure to substantially comply with prior remand orders.

The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's service-connected conditions caused or aggravated his low back disability. The case is being sent back for further examination and opinion.

The Board denied the Veteran's claims for service connection for degenerative disc disease of the lumbar spine and radiculopathy of the left lower extremity, finding that there was no evidence linking these conditions to his active service.

The Board has remanded the Veteran's claims for obstructive sleep apnea and lumbar spine degenerative joint disease due to a lack of VA examinations. The cases are now pending for further development.

The Veteran's appeal regarding his claims for service connection for chronic pain syndrome, bilateral carpal tunnel syndrome, cervical spine posttraumatic osteoarthritis, and lumbar spine degenerative disc disease with posttraumatic lumbar osteoarthritis has been withdrawn. The Veteran's claim for service connection for hypertension was denied.,The Veteran's appeal regarding his claims for service connection for migraines has also been withdrawn. His petition to reopen his claims for cervical spine posttraumatic osteoarthritis and lumbar spine degenerative disc disease with posttraumatic lumbar osteoarthritis have been granted, but the issues of entitlement to service connection for hypertension and migraines remain pending.

The Veteran's lumbar strain is being remanded for a VA examination to assess the current severity of his condition, as the previous VA examination did not comply with all requirements and may have resulted in an inadequate assessment.

The Board denied the Veteran's claim for service connection of a low back disability, finding that his current condition is not related to his service and is more likely due to aging.

The Veteran's service-connected neck disability was granted an initial evaluation of 30 percent, effective May 9, 2019. The low back disability received a grant of increased rating to 40 percent, effective the entire period on appeal.

The Veteran's appeal is remanded for additional medical opinions regarding his lumbar spine and left lower extremity radiculopathy disabilities, as well as a determination on the issue of total disability based on individual unemployability (TDIU).

The Veteran's lumbar spine disability has not been found to meet or approximate the criteria for a higher initial rating than 40 percent.