Back / lumbar spine decisions — 2019

The Board has remanded the case due to inadequate examination in determining the severity of the Veteran's chronic lumbar strain. The Veteran is required to undergo a new VA examination to assess his current disability status and provide an opinion on the extent of functional loss.

The Board has restored the Veteran's disability ratings for status post fusion L5-S1 with spondylolisthesis and spondylolysis, as well as scarring of residual lumbar fusion. However, the claims for increased evaluations for radiculopathy and TDIU are remanded due to new evidence not having been considered.

The Board has determined that further development is necessary to determine the nature and etiology of the Veteran's lower back disability, including whether it is related to service or his service-connected left knee condition.

The Board has remanded the cases for additional development and examination, as the current opinions are inadequate. The Veteran's hearing loss is not service-connected due to lack of auditory threshold criteria meeting VA standards. For his low back and right hip disabilities, the Board found the existing opinions insufficient and requested new ones.

The Veteran's right ankle disability and bilateral foot condition are being remanded for further examination to determine the current severity of these conditions.,The Veteran's bilateral foot condition is being remanded due to insufficient evidence regarding its relationship to service-connected right ankle sprain. A new VA examination is needed to assess whether it is secondary to his service-connected condition.,The Veteran's back disability and acquired psychiatric disability are being remanded for a comprehensive evaluation, including opinions on the nature of these conditions and their relation to service.,The Veteran's acquired psychiatric disability (PTSD, depression, alcohol use disorder in remission) is being remanded due to insufficient evidence regarding its relationship to service. A new VA examination is needed to assess whether it is related to personal assault during service.

The Board has granted service connection for the aggravation of a lumbar spondylosis disability, claimed as a back disability. The Veteran's pre-existing condition was aggravated beyond its natural progression by his in-service cold weather training.

The Veteran's low back disability is rated as 10 percent prior to April 27, 2014; a rating higher than 10 percent from April 27, 2014 to January 29, 2018 is denied; and a rating of 20 percent, but no higher, from January 30, 2018 is granted.

Entitlement to a rating of 40 percent for a back disability effective July 18, 2017 is granted.,Entitlement to a rating of 20 percent for a back disability from December 9, 2010 to July 18, 2017 is granted.

The Board has remanded the Veteran's claims for service connection due to his failure to attend VA examinations and provide relevant medical records. The Veteran is required to appear for new VA examinations and cooperate with VA in retrieving private treatment records.

The Veteran's low back pain with degenerative arthritis is rated at 50% effective December 1, 2014. The Board found that the evidence showed unfavorable anklyosis of the thoracolumbar spine due to painful motion.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further medical examination.

The Board has remanded the Veteran's claims of entitlement to a compensable evaluation for migraine headaches and a disability evaluation in excess of 10 percent for his lumbar spine disability due to insufficient information regarding the frequency and severity of his migraines, as well as functional loss during flareups and with repeated use over time.

The Board has remanded the Veteran's claims of service connection for low back, neck, left knee, right knee disabilities and hypertension due to the need for further medical examination.

The Board denied service connection for various conditions, including neuropathy pain in the right side of the body, middle back disability with arthritis, hypertension, IBS with polyps, fibroadenoma of the breast, bilateral flat feet, left knee disability, right knee disability, and residuals of a hysterectomy. The decision states that there is no evidence to support the Veteran's claims for service connection based on her Reserve service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current low back disability is related to service, including a twisting injury while playing basketball in service. The examiner must consider the Veteran's reports of having back pain since his active service and that he had chiropractic treatment due to back pain in the months following service.

The Board denied an increased rating for the Veteran's lumbar spine disability, finding that the evidence did not meet the criteria for a higher rating prior to March 5, 2011 and from March 5, 2011 onwards.

The Board has determined that the Veteran's degenerative disc disease of the thoracic spine is related to his service, and thus granted service connection for this condition.

The Board has decided that the Veteran's left ankle disability is compensable under 38 U.S.C. § 1151, but has also remanded his claim for service connection of a lumbar spine disorder due to lack of necessary records.

The Board has granted service connection for a low back disorder, but dismissed the claim for peripheral neuropathy of the upper extremities. The case is remanded to determine if the Veteran's lower extremity neuropathy is related to his service or his lumbar spondylosis.

The Veteran's lumbar and cervical spine disabilities are remanded for further examination to determine their severity.