Back / lumbar spine decisions — 2019

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that new and material evidence has been received to reopen the previously denied claim. The Board also found that the Veteran's current back disability is related to his in-service injury in June 1997.

The Board has remanded the claims for service connection for left and right knee conditions due to insufficient examination addressing these specific issues.,Further medical opinion is needed to determine if the Veteran's current knee complaints are related to his military service.

The Board denied service connection for a back disability, arthritis, and an acquired psychiatric disorder (major depressive disorder) as secondary to the Veteran's service-connected bilateral foot disability. The claims were also denied for increased rating in excess of 10 percent prior to May 8, 2012 and 30 percent thereafter for a foot disability, and for entitlement to a total disability rating based on individual unemployability (TDIU).

The Board denied service connection for a left perforated eardrum, low back disability, tailbone disability, and dizziness as these conditions were not incurred or aggravated by active military service.,Service connection was denied because the Veteran's preexisting left ear drum condition existed prior to service and did not worsen during service. The low back and tailbone disabilities were also found not to be related to service.

The Veteran's DDD with spondylolisthesis of L5-S1 is restored to a 40 percent rating.,Service connection for depressive disorder, sleep apnea, and headaches are granted as secondary to service-connected disabilities.

The Board has remanded the Veteran's claims for additional development due to missing service treatment records and the need to obtain medical opinions regarding the etiologies of his disabilities.

The Board has remanded the cases for additional development, including obtaining VA treatment records and scheduling an examination. The issues of increased ratings for right femoral nerve radiculopathy and low back disability are also being considered.

The Veteran's PTSD claim was partially granted with a 70% rating from January 12, 2017 to March 27, 2019 and a 100% rating beginning March 28, 2019. Other claims remain pending.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's lower back condition and his military service. The Veteran is requested to provide a new VA examination or addendum opinion.

The Board has remanded several issues related to the Veteran's lumbar spine degenerative arthritis, lower extremity radiculopathy, anxiety disorder, and TDIU. The Veteran will need new VA examinations for his lumbar spine and peripheral nerve conditions, as well as a review of his psychiatric disability. If the ratings do not qualify him for a TDIU prior to April 9, 2015, he will be referred to the Director, Compensation Service, for consideration of an extraschedular TDIU.

The Board has remanded the case due to inadequate medical opinions and incomplete service treatment records. The Veteran's low back disability claim will be reconsidered with new evidence and a thorough medical opinion.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's pre-existing scoliosis worsened during service, and a new VA medical opinion is required.

The Veteran's claim for service connection for bilateral hearing loss is denied because he does not have a current disability under VA standards. The Board has remanded the issue of service connection for degenerative arthritis of lumbar spine.

The Veteran's appeal includes claims for service connection and higher ratings for various disabilities, including tinnitus, a heart condition, bilateral hearing loss, right lumbar radiculopathy, right hip disability, major depressive disorder, neck disability, low back disability, and right knee disability. The Board has determined that additional development is needed to address these issues.,The Veteran's claims are being remanded for further examination and opinion regarding his service-connected disabilities, including tinnitus and heart condition.

The Board dismissed the Veteran's claims for service connection of a right knee, right elbow, and left elbow disabilities. The claim to reopen his left knee disability was granted. The lower back and left knee disability claims were remanded.

The Board has decided to remand the Veteran's claims for service connection for a low back disability and traumatic brain injury due to lack of an opinion on causation from VA examination, and the need for further medical evaluation.

The Board has decided to remand the Veteran's claims for an increased rating for his lumbar condition and TDIU, as there is insufficient evidence or due to a need for further examination.

The Board has remanded the Veteran's claims for a higher rating for his thoracolumbar spine disability and for TDIU due to service-connected disabilities. The case will be returned to the RO for further development, including obtaining medical records and scheduling an examination.

The Veteran's service connection for residuals of a low back injury is granted. The appeal regarding PTSD was remanded, with the initial rating denied and the subsequent rating after October 2, 2015, also denied.

The Board has remanded the case for further development and consideration, including obtaining updated VA treatment records, private medical records, tax returns, and a VA examination. The issues of TDIU and whether the Veteran is incarcerated are also being addressed.