Back / lumbar spine decisions — 2019

The Veteran's appeals for increased ratings and effective dates have been dismissed.,New evidence has reopened the claim of service connection for a back disability, but the claim remains denied.

The Board has decided to remand the Veteran's claims for increased ratings and TDIU due to the need for updated examinations and additional records. The issues will be reconsidered after these actions.

The Veteran's previously denied claims for service connection for low back strain with degenerative changes of the lumbar spine and cervical spine degenerative disc disease and degenerative joint disease with foraminal encroachment have been reopened. The appeal is granted on these issues.

The Veteran's appeals for increased ratings and TDIU have been dismissed due to her withdrawal of all issues on appeal prior to the promulgation of a decision.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's back disability is related to service, including his MOS duties and/or his service-connected right inguinal hernia. The examiner must provide an opinion on all theories of entitlement.

The Board has determined that the Veteran's lumbar fusion and spondylolisthesis are related to an in-service injury, granting service connection for these conditions.

The Board has determined that a new VA examination is required for the Veteran's service-connected low back disability, and the issue of entitlement to TDIU has been raised as part of his increased rating claim. The case is being remanded for these purposes.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether the Veteran's low back disability with radiculopathy is related to his service, specifically combat boot road marches and physical fitness training.

The Board has dismissed the Veteran's appeals regarding various disabilities, including ratings for knee and elbow conditions, pes planus, hearing loss, and scars. The Veteran requested withdrawal of his appeal.

The Board has remanded several issues related to the Veteran's service-connected conditions, including rating reductions and earlier effective dates. The specific claims include right knee patellofemoral pain syndrome, chronic thoracolumbar spine strain, cervical spine strain with degenerative arthritis and intervertebral disc syndrome, major depressive disorder, right ankle posttraumatic degenerative changes, left hand scar, right hip degenerative joint disease, ear nerve damage, left wrist flexor tendinitis, right wrist flexor tendinitis, tinnitus, left knee condition, bilateral hearing loss, sleep disorder, arthritis of the wrists and hands associated with service-connected carpel tunnel syndrome, type II diabetes mellitus. The Board has not reached a decision on these claims at this time.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a new VA examination to assess the current severity of the Veteran's service-connected back condition.

The Board has decided to remand the case due to insufficient medical evidence regarding the nature and etiology of the Veteran's thoracolumbar spine disability, specifically whether it is related to military service or 'accelerated damage' from exercises and running.

The Board has decided to restore the Veteran's 20% rating for lumbar strain, effective July 1, 2018. The issue of whether a higher rating is warranted remains pending and will be remanded.

The Veteran's claims for a higher rating for his service-connected degenerative lumbar spine disease and for TDIU are being remanded due to the need for additional medical examination and development of records from SSA.

The Board has remanded the Veteran's claims for increased evaluations for his service-connected chronic prostatitis and lumbar spine degenerative joint disease due to incomplete development of records, including VA treatment records. The Veteran must be provided with a new VA examination to address functional impairment during flare-ups and limitations in motion.

The Board has remanded the cases for further development and examination, including obtaining VA treatment records and scheduling an examination to determine if a neck disability is related to service. The TDIU claim prior to August 15, 2016 is also being referred for extraschedular consideration.

The case is being remanded due to inadequate compliance with previous remand directives. The VA examiner must consider the Veteran's lay statements and a medical article when assessing whether his back disability began during service or is related to an incident of service.

The Veteran's claim for service connection for bilateral hearing loss disability and tinnitus has been denied. The Board found that the Veteran did not have a hearing loss disability as defined by VA regulation, but granted service connection for tinnitus.,Service connection was also remanded for claims of lumbar disorder (chronic lower back strain) and residuals of a left hamstring tear.

The Veteran's claim for a compensable rating for service-connected left ear hearing loss was denied.,The Veteran's claim for an effective date earlier than May 5, 2014, for the grant of a total rating based on individual unemployability due to service-connected disabilities (TDIU) was also denied.

The Board has granted service connection for tinnitus. The prostate cancer and metastasis of prostate carcinoma into cervical spine region, low back injury, cold injury sequelae, peripheral neuropathy of the bilateral upper extremities, peripheral neuropathy of the bilateral lower extremities, and malignant melanoma claims are remanded due to lack of evidence regarding herbicide exposure, service connection for a low back injury, etiology of cold injury residuals, peripheral neuropathies, and malignant melanoma.