Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for lumbar spine disability and left shoulder strain due to insufficient medical opinions regarding their etiology.

The Board has remanded the case due to an unresolved claim of clear and unmistakable error (CUE) in a previous rating decision, which is necessary before considering the earlier effective date for the lumbosacral spine disability.

The Veteran's appeals for increased ratings on lumbar strain, eczema, hypertension, and dry eye syndrome have been dismissed due to the Veteran withdrawing his appeal.

The Board denied service connection for a lumbar spine disability and radiculopathy of the lower extremities, finding that there was no evidence linking these conditions to service or service-connected disabilities.

The Board denied service connection for lumbar spine, left hip, and right hip disabilities due to lack of evidence showing these conditions were incurred or aggravated by service. The Veteran's current hip and back issues are attributed to normal aging.

The Veteran's claims for service connection are remanded due to incomplete records and the need for further development, including VA examinations.

The Veteran's claims for service connection for back, left knee, and right knee conditions have been granted. The Board has reopened the claims due to new evidence received since the last final denial.

The Veteran's service connection claim for ischemic heart disease due to herbicide exposure has been granted. However, his claims for prostate and neuropathy disabilities are remanded.,Service connection for lower back disability and COPD is denied.

The Veteran's claims for increased ratings and service connection have been denied. The appeal to reopen a claim of service connection for left and right knee disabilities is denied, as the evidence does not establish that these conditions were incurred or aggravated by service. Claims for sleep disturbances, insomnia, depression, and anxiety are remanded.

The Board has remanded the Veteran's claims for service connection due to new and relevant evidence submitted after the October 2018 rating decision. The issues of service connection for left foot condition, right foot condition, low back pain, radiculopathy of the lower extremities, and left ankle are all being remanded as there were duty-to-assist errors prior to the October 2018 rating decision.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since March 2010, granting his claim for TDIU.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include hypertension, stomach disorder (ulcers, stomach problems, GERD), right knee disability, right ankle disability, right leg disability, right foot disability, back disorder (DDD of the lumbar spine), erectile dysfunction, and acquired psychiatric disorder (anxiety and depression).

The Board has remanded the Veteran's claims due to outstanding service records that need to be obtained and reviewed. The issues include reopening of previously denied claims for various conditions, as well as determining the current severity of his left knee disability.

The Veteran's tinnitus is granted as service connection due to in-service noise exposure.,Service connection for forgetfulness is denied because it encompasses the same symptomatology as PTSD and there is no separate disability manifested by forgetfulness.

The Board has granted service connection for a back disability and remanded the issues of initial compensable ratings for left and right knee bursitis.

The Veteran's claim for service connection for left leg radiculopathy is granted. The Board finds that the evidence supports a finding of current disability and links it to his service-connected low back disability, resolving all reasonable doubt in favor of the Veteran.

The Board has remanded the claims for left shoulder condition, low back condition, left foot condition, right foot condition, left knee condition, and right knee condition due to insufficient verification of service periods.

The Board denied service connection for degenerative disc disease, lumbosacral spine, bilateral hearing loss, tinnitus, and asthma. The Veteran's back disability was not linked to his time in service or pre-existed it. His hearing loss and tinnitus were not related to military noise exposure. The Board found that the Veteran's asthma existed prior to service and did not worsen during service.,The decision denied all claims as there was no evidence linking any of the conditions to service.

The Veteran's lumbar spine disability is rated at 40 percent, and his left lower extremity radiculopathy is rated at 20 percent prior to September 13, 2017. Since September 13, 2017, the rating for left lower extremity radiculopathy has been increased to 40 percent.

The Board denied service connection for cervical and lumbar spine disorders, as well as other conditions, finding that the evidence did not support a link between these conditions and service or service-connected disabilities.