Back / lumbar spine decisions — 2019

The Veteran's service-connected conditions, including his back and neck disabilities, sleep disorders, and gastrointestinal issues, have rendered him unable to maintain gainful employment. The Board has granted a TDIU based on these conditions.

The Board has denied the Veteran's claims for service connection for a lumbar spine disability and radiculopathy of the bilateral lower extremities, finding that these conditions are not related to active service or his service-connected bilateral thigh disability.

The Board denied an initial rating in excess of 10 percent for the Veteran's lumbar spine disability and bilateral lower extremity radiculopathy, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the Veteran's claims for low back strain, left knee retropatellar pain syndrome, and right knee retropatellar pain syndrome due to missing service personnel records. The Veteran's complete reserve record is needed to make a fully informed decision.

The Board denied the Veteran's claim of service connection for a back disability, finding that new and material evidence had not been presented to reopen her case.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The Appellant's right-foot disorder, right-knee disorder, left-knee disorder, and lumbar-spine disorder are all under review.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's petition to reopen his claim of entitlement to service connection for bilateral pes planus was granted, and he is now entitled to service connection for this condition.,Service connection for a thoracolumbar spine disorder was denied. The Board found that the preexisting condition did not worsen during active service.,The Veteran's sleep apnea claim was denied as there is no evidence of its onset in service, and it is not related to his service-connected psychiatric disability.,Service connection for fibromyalgia was denied because the preponderance of the evidence does not support a finding that the condition began during active service or is otherwise related to an in-service injury.

The Board denied service connection for a low back disorder, granted service connection for tinnitus, and denied service connection for a chronic right shoulder disorder. The case is remanded to obtain an opinion on the nature and etiology of the Veteran's right eye disorder.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's lumbar back condition and its relation to his service. The Veteran contends that his current back disability is directly related to an in-service injury during combat in Mayaguez in May 1975, but a VA examiner found no direct relationship between the in-service injury and the current condition.

The Board has remanded the Veteran's claims due to the need for additional evidence and further examination. The low back condition claim is being reopened, but service connection remains denied. The intestinal condition (irritable bowel syndrome) and bilateral hearing loss claims are also being remanded.

The Board has remanded the Veteran's claims for service connection due to conflicting evidence regarding the relationship between his left foot stress fracture and current disabilities, as well as potential secondary service connection for back condition.

The Board has remanded the Veteran's claims of service connection for low back disability and tinnitus due to inadequate examination reports. The Veteran is required to undergo further examinations to determine if his current disabilities are related to service.

The Board has decided that the Veteran's lower back disability may be service-connected, but requires additional medical evidence to determine if it was aggravated by service.

The Board has decided to remand two issues: service connection for sleep apnea and an initial rating in excess of 10 percent for degenerative disc disease of the lumbar spine. The Veteran's claim for sleep apnea is being remanded due to lack of evidence confirming the diagnosis, while his claim for a higher rating for his low back disability requires further examination.

The Veteran's appeals for increased ratings and service connection were dismissed due to his death.

The Board has remanded several issues related to the Veteran's service connection claims, including back disorder, left and right knee disorders, chronic liver disease, PTSD, and an acquired psychiatric disorder other than PTSD. The AOJ is instructed to obtain complete medical records, conduct additional examinations, and provide appropriate opinions regarding the nature and etiology of these conditions.

The Veteran's appeals for increased ratings for tinnitus, degenerative disc disease of the lumbar spine, and left ear hearing loss were denied. The maximum rating of 10 percent for tinnitus was upheld. A higher rating for degenerative disc disease of the lumbar spine was not granted due to lack of ankylosis or incapacitating episodes. Left ear hearing loss was rated at zero percent as it did not meet the criteria for a compensable rating.

The Veteran's thoracolumbar spine disability is rated at 20 percent, and he also has separate ratings for right and left lower extremity sciatica. The combined rating results in a total of 40 percent for the orthopedic and neurologic manifestations.

The Veteran's claim for service connection for a left hand disability was denied as there is no evidence of a current disability. The claim for an increased rating for lumbosacral strain was also denied, with the Board finding that the Veteran did not meet the criteria for a higher rating at any point during the appeal period.