Back / lumbar spine decisions — 2019

The Board has decided to remand the case due to insufficient development and lack of a nexus opinion. The Veteran's lower back disability is being reviewed again for proper consideration.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder, a rating in excess of 10 percent for RLE radiculopathy, and entitlement to TDIU due to incomplete development of evidence.

The Board denied a rating in excess of 10 percent prior to December 28, 2017, and in excess of 40 percent thereafter for thoracolumbar spine disability as the evidence did not show the required functional impairment.

The Veteran's TDIU claim is remanded due to conflicting medical opinions and the need for a new VA examination considering the aggregate effect of all his service-connected disabilities on his employability.

The Board has determined that a new VA examination is needed and the case must be remanded for further development.

The Veteran's bilateral pes planus with plantar fasciitis is rated as 50 percent disabling. The claims for higher ratings for the thoracolumbar and cervical spine disabilities are remanded.

The Veteran's migraine headaches are rated at 50 percent, and he is granted TDIU due to service-connected disabilities.

The Veteran's PTSD, lumbosacral strain, left and right knee conditions, as well as her hip bursitis are all rated at the maximum allowable under VA regulations. The Board has found that these ratings adequately reflect the severity of the Veteran’s disabilities. However, additional evidence suggests a worsening of these conditions since the last examinations in August 2014. Therefore, the claims must be remanded for new evaluations and consideration.

The Board has remanded the case due to inadequate medical opinions and failure to comply with previous remand directives. The Veteran's character of discharge from military service is being reviewed, but no service connection claims are decided as the appeal does not involve a determination on service connection.

The Board has remanded the case due to failure to obtain updated VA treatment records since June 2016. The Veteran's service connection claim for low back disability is now referred to the RO for further development.

The Board has restored the Veteran's disability rating for degenerative disc disease of the thoracic spine from 10% to 40%, effective May 12, 2015. The reduction was improper due to lack of improvement in the condition under ordinary conditions of life and work.

The Board has dismissed the claim for service connection for right foot plantar fasciitis due to the Veteran's withdrawal of his appeal. The claims for low back disability, left ankle disability, and right foot disability are remanded.

The Board has waived the issue of timeliness in the filing of the substantive appeal and remanded the case for further development regarding pension benefits.

The Board has remanded the cases for additional development and examination to determine if any of the Veteran's knee or back conditions are related to service, including his in-service injuries. The issues are intertwined due to overlapping evidence.

The Veteran's appeal is remanded for additional examinations and evaluations to determine the nature and etiology of his claimed conditions, including lumbar spine disability, right shoulder disability, and cysts. The claim for a higher rating for tinnitus remains denied as it is at its maximum schedular rating.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's low back disability. The issue will be reviewed with an independent medical expert.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's bilateral foot disability and low back disability. The case will be returned for further examination and opinion.

The Board denied the Veteran's claim for a total disability evaluation based on individual unemployability due to a single service-connected disability, finding that her combined impact of multiple service-connected disabilities rendered her unable to secure or follow a substantially gainful occupation.

The Veteran's lumbar spine disability is rated at 20 percent, effective January 21, 2016. The Board found that the evidence did not support a higher rating due to lack of forward flexion or ankylosis.,The Veteran's allergic rhinitis was not found to meet criteria for a compensable rating under Diagnostic Code 6522.

The Veteran's claims for neck and low back disabilities were denied due to lack of a medical link to service. The claim for bilateral cubital tunnel syndrome was remanded as the VA examiner did not clearly address whether it is related to the service-connected elbow contusion.