Back / lumbar spine decisions — 2019

The Board has dismissed the Veteran's appeals for service connection for back condition and lung cancer. The claim of reopening service connection for paranoid schizophrenia with psychosis and depression is allowed.

The Veteran's appeal of his claim for a rating in excess of 10 percent for service-connected tinnitus has been withdrawn.,The RO is directed to obtain updated VA treatment records and SSA records, as well as any missing service treatment records from the David Grant Medical Center and NPRC.,VA should request that the Veteran submit any outstanding evidence regarding his claimed in-service exposure to dead bodies and race riots at Travis Air Force Base. The RO should also request a Statement in Support of Claim for PTSD Secondary to Personal Assault, and provide adequate notice as to such claim.,The RO should afford the Veteran new VA examinations for his acquired psychiatric disorders (PTSD, depressive disorder, obsessive-compulsive disorder), TBI, migraine headaches, TMJ, cervical spine disabilities, lumbar spine disability, right upper extremity disability, and right lower extremity disability. Adequate etiological opinions are needed.,The RO should afford the Veteran VA examinations for his cervical and lumbar spine disabilities, as well as a new VA examination for his right upper extremity disability (right shoulder and arm pain and numbness, right hand disability).,The RO should afford the Veteran VA examinations for his right lower extremity disability. Adequate etiological opinions are needed.

The Board dismissed the appeals for service connection of lumbar spine, right knee, and left knee disabilities as well as other rating claims due to the Veteran's death.

The Board denied the Veteran's claim for service connection for a lumbar back disability, finding that it was not incurred or aggravated during service and is not related to any in-service event. The evidence did not support a nexus between the current disability and service.

The Veteran's appeal for an initial disability rating in excess of 50 percent disabling for migraines has been dismissed. The appeal for an increased rating for intervertebral disc syndrome and degenerative disc disease of the lumbar spine with scar is remanded.

The Veteran's PTSD is rated at 50% for the entire period on appeal, and a rating of 50 percent has been granted. The effective date for service connection for degenerative disc disease and degenerative joint disease of the lumbar spine is set to August 14, 2019.

The Veteran's service-connected disabilities, including coronary artery disease and lumbar spine disability, prevent him from obtaining or retaining substantially gainful employment. The Board has remanded the case for a new VA examination to assess the current severity of his service-connected coronary artery disease.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including left shoulder disability, thoracolumbar spine disability, and left knee disabilities. The reasons for remanding these cases include the need for further VA examinations to address functional impairment and other medical findings.

The Veteran's claim of service connection for lumbar lordosis is reopened, and the issue of an increased rating for migraines greater than 50% throughout the entire appeal period remains on remand.

The Veteran is granted a total disability rating for compensation based on individual unemployability due to service-connected disabilities.

The Veteran withdrew his appeal regarding his back disability, leading to its dismissal.

The Veteran's appeal is remanded for additional development regarding his service-connected left knee scar, low back disability, bilateral hip and foot disabilities. Further examination and opinion are needed to address the nature and etiology of these conditions.

The Veteran's claim for a higher rating for lumbosacral spondylosis without myelopathy is being remanded due to the inadequacy of the October 2017 examination and its failure to comply with Sharp v. Shulkin.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations and opinions regarding her TBI, bilateral hip disability, fibromyalgia, lumbar spine disability, and bilateral wrist disability other than CTS.

The Veteran's right shoulder disability and low back disorder were denied. The right shoulder disability was rated at 20% prior to January 5, 2018, and at 30% since then. Service connection for the low back disorder was also denied.

The Board has remanded the Veteran's claims for additional development, including obtaining medical records and scheduling examinations to determine the nature and etiology of his claimed disabilities.

The Veteran's appeals for increased ratings for his service-connected depressive disorder, left knee strain with patellar tendinitis, and thoracolumbar spine spondylosis with degenerative disc disease have been REMANDED due to the need for a new examination. The current level of disability for these conditions will be reassessed.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions.,The Veteran's claim for a compensable rating for hemorrhoid residuals is being remanded as there may be an additional separate disability evaluation warranted under another diagnostic code.,The Veteran's claims for left knee and right knee disabilities are being remanded due to insufficient evidence of in-service events or diagnoses.,The Veteran's claim for a left ear disability is being remanded due to insufficient evidence of in-service events or diagnoses.,The Veteran's claim for bilateral hand disabilities is being remanded due to insufficient evidence of in-service events or diagnoses.,The Veteran's claim for right-sided flank pain is being remanded due to insufficient evidence of in-service events or diagnoses.

The Board has decided that the Veteran's claim of service connection for a low back disability should be remanded due to procedural errors and inadequate examination. The case will need to be reviewed with additional evidence and an updated opinion.

The Board has granted service connection for lumbar degenerative disc disease, lumbar herniated disc, and radiculopathy of the right leg. The Veteran's current low back disabilities are considered to be at least as likely as not related to his in-service wrestling injury.