Back / lumbar spine decisions — 2019

The Board dismissed the appellant's claim for an earlier effective date for the grant of service connection for a low back disability, as it is considered a freestanding claim and not subject to revision based on clear and unmistakable error (CUE).

The Board denied the Veteran's claims for service connection for a low back condition, left knee condition, and right ankle condition. The Board found that there was no evidence linking these conditions to service or service-connected disabilities.

The Board has determined that the Veteran's current lumbar spine degenerative joint disease is at least as likely as not related to an in-service back injury, and thus grants service connection for this condition.

The Veteran's bilateral hearing loss is granted as service-connected. The Veteran's PTSD, lumbar spine disability, left hip and right hip disabilities, left ankle and right ankle disabilities, respiratory disability, and fatigue are denied.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine, left shoulder DJD, right shoulder DJD, and GERD conditions are not rated higher than the current levels due to lack of evidence supporting more severe disability. Service connection for radiculopathy was also denied.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no current diagnosis of such a condition and thus no basis to establish service connection.

The Board has remanded the case due to failure to comply with prior instructions and a need for further examination regarding the etiology of the Veteran's lumbar spine disorder.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence linking his current condition to an in-service injury and that it is more likely due to normal aging.

The Veteran's appeals for various conditions have been dismissed due to his death.

The Veteran's petition to reopen her service connection claims for PTSD and an acquired psychiatric disorder other than PTSD has been granted. She is now entitled to these claims.,Service connection for a back disability, hypertension, migraine headaches, obstructive sleep apnea, heart condition, bilateral hearing loss, recurrent tinnitus, left foot condition, and right foot condition are all denied.

The Veteran's right and left knee chondromalacia were granted service connection. The claims for right and left ankle disabilities, neck disability, back disability, right hip disability, left hip disability, and acquired psychiatric disability were denied.

The Veteran's claim for a compensable evaluation for his service-connected lumbar spine disability is remanded due to the lack of VA examination records and updated contact information.

The Veteran's mild lumbar spine facet osteoarthritis and breathing disorder (claimed as asthma) were not incurred or aggravated by service.,Service connection was denied for both conditions.

The Board has granted the Veteran's claim for total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities.

The Board has determined that the Veteran's emphysema claim requires further examination and development, as there is conflicting evidence regarding whether he has this condition. The other claims for service connection have been denied.

The Board has remanded the TDIU claim due to a lack of recent medical evidence and an updated examination is needed.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's lumbar spine disability was caused by VA treatment during his total right knee replacement surgery in 2009.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, and the Board has granted a TDIU on an extraschedular basis.

The Board has granted service connection for a compression fracture T-9 (back condition) as secondary to the Veteran's service-connected left knee condition.

The Veteran's claim for an earlier effective date than May 27, 2015 for a 40 percent disability evaluation for lumbar spine disorder is denied as there is no evidence of symptoms meeting the criteria for a 40 percent rating within one year prior to the date of claim.