Back / lumbar spine decisions — 2019

The Veteran's thoracolumbar spine disability is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Board has remanded the cases for further development, including scheduling VA examinations and providing proper notice to the Veteran's attorney representative.

The Veteran's claim for service connection for acne and a back disability is being remanded due to the need for additional medical examinations. The issues of whether these conditions are related to service are now pending.

The Board denied the Veteran's claims for service connection for a back disorder, bilateral hearing loss, and tinnitus due to lack of credible evidence showing that his pre-existing back disability was aggravated by active duty service. The decision also noted remanded issues regarding service connection for bilateral hearing loss and tinnitus.

The Board denied the Veteran's claim for service connection of a lower back disability, finding that there was no competent and credible evidence to support an in-service injury or continuity of symptoms.

The Veteran's cervical spine djd with ddd is not service-connected as it did not begin during active duty and there is no evidence of an in-service injury or disease. Service connection for GERD was granted.,Right lower extremity radiculopathy associated with the Veteran’s lumbar spine disability, which has been service-connected since July 6, 2011, is now effective as of February 26, 2013.

The Board denied the Veteran's claim for service connection of a low back disorder as new and material evidence was not received, despite reopening the claim in September 2015.

The Board denied earlier effective dates for the grants of service connection for GERD with hiatal hernia, lumbar strain with degenerative disc disease, right shoulder strain with degenerative joint disease, and lungs residuals, calcified nodules of the lungs.

The Veteran's appeal for service connection and a higher rating for his disabilities has been dismissed due to the death of the Veteran.

The Board has granted service connection for cervical spine and thoracic lumbar spine degenerative disc disease, but denied service connection for left hip condition, left upper extremity radiculopathy secondary to cervical spine, right upper extremity radiculopathy secondary to cervical spine, left shoulder impingement syndrome with arthritis, left knee osteoarthritis and degenerative joint disease, and right knee osteoarthritis and degenerative joint disease.

The Veteran's appeals for increased ratings and effective dates were denied. The Board found that the Veteran’s PTSD, Headache Syndrome, Degenerative Disc Disease with Degenerative Arthritis of the Thoracolumbar Spine, and Tinnitus are currently rated appropriately.

The Veteran's claim for service connection for sleep apnea is remanded, and the reduction of his disability rating for mechanical low back strain from 40% to 20% is granted.

The Board denied service connection for a chronic low back disorder and the effective date for bilateral hearing loss, but remanded the initial compensable rating claim.

The Veteran's claim for service connection was previously denied in August 2009. New evidence has been submitted that raises a reasonable possibility of substantiating the claim, thus reopening it. The case is remanded to determine if service connection should be granted.

The Veteran's claims for higher ratings for lumbar spine, right ankle, and left ankle disabilities are being remanded due to the need for additional examinations and consideration of functional impairment.

The Veteran's claims for service connection have been granted for an acquired psychiatric disorder (bipolar disorder), headaches, including migraines, and a low back disability. The other conditions remain denied.

The Veteran's claims for increased ratings and TDIU prior to March 12, 2015 are being remanded due to the need for new VA examinations to assess the current severity of his service-connected disabilities.

The Board has remanded multiple issues including increased ratings for the back, service connection for COPD, and initial ratings for sciatica and femoral impairment of both lower extremities. The Veteran's claim for TDIU is also being remanded as it is inextricably intertwined with these other claims.

The Board has reopened the Veteran's claims for service connection for a lumbar spine disorder and right lower extremity disability due to new evidence received since the final decisions. However, these claims are still pending as further development is needed.,The Veteran’s testimony indicates that his current back pain and leg issues may be related to an in-service injury, but more records need to be obtained from VA and other sources.

The Veteran's TDIU is granted as of June 17, 2016 due to marginal employment. Prior to that date, his income was above the poverty level and he had been employed full-time.