Back / lumbar spine decisions — 2019

The Veteran's service-connected degenerative arthritis of the lumbar spine is granted as a subsequent manifestation of already service-connected left ankle arthritis.,Service connection for diabetes mellitus, type 2 is denied due to lack of evidence linking it to service.

The Board has remanded the Veteran's claims for service connection due to his hip, back, knee, prostate, and skin conditions. The Veteran is required to undergo VA examinations to determine the nature and cause of these conditions.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition did not manifest to a compensable degree within the applicable presumptive period and continuity of symptomatology was not established. The Board also found no causal relationship between his active service and his current disability.

The Veteran's service-connected conditions do not meet the criteria for service connection for PTSD, and his combined disability rating is sufficient to grant a TDIU prior to August 3, 2017.

The Board has decided to remand the case for further examination and evaluation of the Veteran's service-connected disabilities, specifically his peripheral vascular disease, neuropathy, and fragment wounds. The Veteran will be given another opportunity to attend a VA examination.

The Veteran is entitled to a TDIU effective February 1, 2009 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board denied the Veteran's claim for service connection for a back disorder (lumbar spine) as there was no evidence of an in-service injury or disease that led to his current diagnoses of degenerative joint disease and degenerative disc disease. The Board found that the Veteran's current back disorders were not related to any event, injury, or illness during service.

The Veteran's bladder dysfunction and low back disability have been rated based on their current severity. The Board has determined that the effective dates for these ratings should be reconsidered.

The Board dismissed the appeal for service connection of lumbosacral injury/spasms due to the death of the appellant.

The Board has remanded the Veteran's claim for TDIU due to incomplete development and lack of VA examinations regarding his service-connected disabilities. The Veteran is seeking entitlement to TDIU based on his PTSD, back, and knee disabilities preventing him from obtaining and maintaining substantially gainful employment.

The Board has remanded the cases for further development and evaluation, including obtaining updated VA treatment records and scheduling a hip examination.

The Board has remanded the Veteran's claims due to duty-to-assist errors, including inadequate medical opinions and missing VA treatment records. The claims will be reconsidered with new evidence.

The Veteran's claim for service connection for tinnitus is denied as there was no evidence of acoustic trauma during service and the condition did not manifest within one year after separation.,The Veteran's claim for service connection for a lumbar spine disability, to include scoliosis and lumbosacral strain, is denied because her pre-existing condition (scoliosis) was not aggravated by an in-service fall.

The Veteran's migraine headaches are rated at a noncompensable rating prior to August 27, 2014, and at a 30 percent rating thereafter. The Veteran’s CAD is rated at a 60 percent rating prior to October 30, 2014.,The Veteran's low back disability is rated at a 20 percent rating from August 27, 2014 onwards. The Veteran's left ankle and right foot disabilities are each rated at a 10 percent rating.,TDIU was dismissed as the Veteran has been granted a combined 100 percent rating for his service-connected disabilities.

The Veteran's claim for an increased rating in excess of 20 percent for degenerative arthritis of the lumbar spine was denied. The Board found that his disability is currently rated at 20 percent, which is the maximum schedular rating available.

The Board denied the Veteran's claims for earlier effective dates for service connection due to failures in fulfilling the duty to assist, which are not considered a basis for CUE.

The Veteran was not found to be unemployable due to service-connected disabilities prior to April 1, 2003.

The Board has remanded the claims for service connection for lumbar strain, carpal tunnel syndrome in the left wrist, atrial fibrillation, and chronic obstructive pulmonary disease. The issue of whether an April 2002 rating decision became final is also being remanded.

The Veteran's service-connected back disorder and bilateral calcaneal bursitis with plantar fasciitis were denied. The Veteran was granted a 10% rating for his bilateral calcaneal bursitis with plantar fasciitis prior to August 10, 2017, but the claim for an increased rating since that date is denied.

The Veteran's TDIU claim is remanded for the Director of Compensation Service to determine if an extraschedular rating prior to October 1, 2018, is warranted.