Back / lumbar spine decisions — 2019

The Board has denied the Veteran's claims for service connection for lower back and neck disorders, finding that there is not sufficient evidence to establish a nexus between these conditions and his military service.

The Veteran's service-connected degenerative disc disease of the lumbar spine with lumbar strain is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence.

The Veteran is granted a 40 percent rating for his lumbar spine disability prior to April 17, 2012. However, the claim for a higher rating from April 17, 2012 is denied.

The Board denied the Veteran's claims for service connection for left knee strain and lumbar spine disability, finding that there was no evidence of a current disability related to active service or any service-connected condition.

The Veteran's claims for increased ratings are being remanded due to the inadequacy of a VA examination report and the need for additional medical opinions.

The Board has denied a higher rating for lumbar strain with degenerative disk disease and remanded the issue of service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder. The case is now being returned to the agency of original jurisdiction (AOJ) for further action.

The Veteran's claims for bilateral hearing loss, tinnitus, right knee disability, psychiatric disability with sleep impairment (other than PTSD), left knee disability, and low back disability are remanded due to the need for additional development.

The Board has remanded the cases due to lack of substantial compliance with previous directives and additional development is required.

The Board has granted service connection for the Veteran's lumbar spine disability, but denied his claims for a right hip condition and left SI joint (hip) disability. The decision is subject to the laws and regulations governing the award of monetary benefits.

The Board has dismissed the appeal of the claim for an earlier effective date for left knee disability. The claims for service connection and initial rating for other conditions are being remanded for further development.

The Board has remanded the Veteran's claims for additional development, including obtaining updated medical records and a neurological examination to assess any lower extremity radiculopathy.

The petition to reopen the claim of entitlement to service connection for a lower back disorder is allowed. The appeal is granted to that extent only.

The Board has determined that further development is necessary before a decision on the merits may be made regarding the issues of entitlement to an initial disability rating in excess of 10 percent for lumbar degenerative disc disease and entitlement to an initial disability rating in excess of 10 percent, each, for bilateral lower extremity radiculopathy. The Veteran was last provided a VA examination relating to his low back and lower extremities in February 2013, over six years ago. In the July 2019 appellant's brief, the Veteran’s representative stated that the Veteran’s condition has increased in severity. Therefore, a new VA examination is required so that the current nature and severity of the Veteran’s service-connected disabilities at issue may be determined.

The Board has reopened the claims for service connection for an acquired psychiatric disorder, a right knee disability, and a lumbar spine disability. The claims are now remanded to allow for further development.

The Veteran's claims for increased disability ratings for mechanical lower back pain and service connection for a bladder condition are remanded due to the need for new VA examinations.

The Veteran's claims for service connection were denied, but his claim to reopen the previously denied claims of gastroenteritis and bilateral hearing loss disability was granted. The application for a rating in excess of 70 percent for PTSD prior to May 23, 2011, and for compensable rating for erectile dysfunction is also denied.

The Board has decided to remand the claims for service connection and rating of various conditions due to outstanding medical records and need for updated examinations.

The Board denied the Veteran's claim for an effective date prior to January 1, 2011 for TDIU as his service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment.

The Board has remanded the cases for further development and examination due to incomplete service personnel records and insufficient medical opinions regarding the etiology of the Veteran's psychiatric disorder and low back disorder.

The Veteran's appeal is remanded due to insufficient information regarding his income and net worth for pension benefits. The Board requests the Veteran to provide necessary forms and information to claim his granddaughter as a dependent.