Back / lumbar spine decisions — 2019

PTSD and low back disability ratings have been granted, with PTSD receiving a 50% rating prior to February 12, 2018 and low back disability receiving a 20% rating from August 19, 2014. The Veteran's PTSD remains at 70% after this date.

The Board has remanded the Veteran's claims for service connection for cervical spine disorder and lumbar spine disorder due to insufficient consideration of the Veteran's lay statements regarding chronicity of his conditions.

The Veteran's service connection claims for bilateral pes planus and a lower back disorder were denied. The Board found that the Veteran's preexisting bilateral pes planus did not increase in severity beyond its natural progression during service, and there was no clear and unmistakable evidence of a preexisting lower back disorder. The current diagnoses of degenerative joint disease and spondylosis were not shown to be related to service.

The Board has remanded the case due to insufficient consideration of lay statements and medical opinions in the original decision. The Veteran's low back disability is being requested for further examination and opinion.

The Board has granted service connection for facet arthritis, degenerative disc disease, and spondylosis of the thoracolumbar spine with radiculopathy, to include numbness, constant pain, and paresthesias and/or dysesthesias of the left lower extremity. The decision is based on continuity of symptomatology since the Veteran's in-service injury.

The Veteran's right ankle ORIF with broken screw removal and thoracolumbar spine strain with degenerative disc disease are granted on an aggravation basis. The left ankle disability is remanded for further examination.

The Board has remanded several issues for further development and examination, including those related to hearing loss, vertigo, a blood infection during VA hospitalization in September 2012, a low back disability, and a right shoulder disability. The Veteran's claims are being reviewed due to the passage of time and potential negligence by VA.

The Board denied service connection for a low back disability, finding that the Veteran's current condition is not related to his active military service.

The Board has remanded the claims for service connection for lumbar and cervical spine disorders due to concerns raised by a Court of Appeals for Veterans Claims Memorandum Decision. The case will be reviewed with an addendum medical opinion from the October 2016 VA examiner.

The Veteran's increased rating claims for cervical spine, radiculopathy of the upper and lower extremities, and lumbar spine disorders are remanded. The service connection claim for an acquired psychiatric disorder is also remanded.

The Board has determined that further development is needed to determine the nature and etiology of any low back disorder, including whether it pre-existed service or is related to service.

The Veteran's CTS of the left upper extremity is granted as service-connected. The low back disability claim and TDIU issue are remanded for further development.

The Veteran's appeals for service connection on the merits of diverticulosis, dyslipidemia, hypertension, intervertebral disc syndrome, and a refraction error have been dismissed. The Board has also remanded cases regarding service connection for a pulmonary disability, cervical spine degenerative disc disease, depressive disorder with anxiety, and glaucoma.

The Board denied the Veteran's claims for service connection for various conditions, including skin condition, right and left eye vision impairment, acquired psychiatric disorder (PTSD), bilateral hearing loss, right knee disability, left knee disability, lumbar spine arthritis, and prostate cancer. The evidence did not meet the criteria for direct service connection in most cases.

The Board has denied the Veteran's claims of service connection for bilateral pes planus (flat foot disability) and lumbar degenerative joint disease. The flat foot disability is not considered to have been aggravated by military service, nor is it etiologically related to service. Similarly, the lower back disability is not considered to be linked to service.

The Board has remanded multiple issues related to the Veteran's service connection claims, including for psychiatric disorders, knee disabilities, wrist disability, shoulder disability, cervical spine disability, and lumbar spine disability. The RO is directed to issue a Statement of the Case on the psychiatric disorder claim.

The Veteran's death was not due to a service-connected disability. The Board denied DIC benefits under 38 U.S.C. § 1318 because the Veteran did not meet the criteria for total disability for at least 10 years prior to his death.

The Veteran's disability rating for degenerative disc disease of the thoracic spine with scoliosis and intervertebral disc syndrome was reduced from 40 percent to 10 percent effective September 1, 2017. The reduction is granted.

The Veteran's petition to reopen her claim for service connection for a lumbar spine condition has been granted. The Board has also remanded the issues of service connection for right knee and cervical spine conditions, as well as the rating for hypertension.

The Veteran's claim of service connection for back disability, left knee disability, right knee disability, and skin condition is granted. The claims for left knee disability, right knee disability, and skin condition are remanded.