Back / lumbar spine decisions — 2019

The Veteran's service connection claim for depressive disorder is remanded.,Special monthly compensation based on loss of use of a creative organ is denied as a matter of law.

The Veteran's hypertension is not shown to demonstrate diastolic pressure that is predominantly 110 or greater or systolic pressure that is 200 or greater, and therefore a rating in excess of 10 percent for hypertension is denied. The Board finds the VA examination report incomplete and requires further medical guidance due to Correia v. McDonald (2016).

The Veteran's appeal for a rating in excess of 40 percent for degenerative disc disease with intervertebral disc syndrome, lumbar spine to include claim for spinal stenosis spondylosis was dismissed due to the Veteran withdrawing his appeal. The issue of service connection for a heart condition (claimed as hypertension and cardiovascular disease) is remanded.

The Veteran's claim for service connection of a low back disability was denied in 2007 and reopened on September 4, 2009. The Board granted service connection but assigned an effective date of September 4, 2009.

The Board has ordered a remand to obtain an addendum medical opinion regarding whether the service-connected lumbosacral strain aggravated (worsened in severity beyond a normal progression) the neck disability of mild cervical spine DDD and DJD. The current addendum does not adequately address this issue.

The Board has remanded the case due to incomplete development and requests that a VA examination be conducted to determine the current severity of the low back disability.

The Board has remanded the claims for a lower back disability, right and left lower extremity radiculopathy, as well as TDIU due to service-connected disabilities. Additional development is required including obtaining updated authorization from Dr. F.G. in Spring, Texas.

The Board has remanded the case due to the need for additional medical opinions regarding the Veteran's low back disability and coccygeal disability.

The Board denied service connection for left leg sciatica, right leg sciatica, and chronic low back disorder. The Veteran's claims were not supported by the evidence of record.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional medical examinations and opinions.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability is being remanded due to the need for further examination and testing.

The Board has decided that a VA spine examination is needed due to the duration of time since the last examination and because the Veteran has asserted worsening symptoms.

The Veteran's service-connected disabilities have worsened, and he requires assistive devices to walk. The Board has ordered a new VA examination to assess the impact of his service-connected conditions on his ability to use assistive devices for locomotion.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for left knee degenerative joint disease or right knee degenerative joint disease, but granted separate 10 percent ratings for instability in each knee. Service connection was denied for headaches, chronic pain syndrome, lumbar spine disability, and acquired psychiatric disability.

The Veteran's service connection claims for scars on feet and lower back condition have been denied.,The Veteran's claim for a temporary total evaluation due to convalescence from back surgery has also been denied.

The Board has denied service connection for left knee and shoulder disabilities, as well as sciatic radiculopathy of the lower extremities. The Veteran's headaches are also remanded due to a duty-to-assist error.,Service connection is not granted for any of the claimed conditions.

The Board has decided to remand the cases due to inadequate explanation and failure to quantify flare-ups in the cervical spine. The Veteran's claims for increased rating and individual unemployability are being sent back for further examination.

The Board has remanded the case for further development to determine the etiology of any diagnosed low back disorder, including spondylolisthesis and degenerative arthritis. The examiner must address whether the Veteran's spondylolisthesis is a congenital disease or defect, and if so, whether it was clearly and unmistakably not aggravated by active duty service.

The Veteran's claims for service connection have been dismissed due to their death.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, a back condition, and bilateral knee conditions. The case is remanded for further examination to determine if these conditions are related to service.