Back / lumbar spine decisions — 2019

The Board denied service connection for arthritis of the low back, sciatica of the left lower extremity, and sciatica of the right lower extremity. The Veteran's arthritis of the low back was not shown as chronic in service or within a presumptive period, did not manifest to a compensable degree within a presumptive period, and was not noted in service with attributable continuity of symptomatology.,The Board denied service connection for sciatica of the left lower extremity. The Veteran's pre-service treatment records are silent for symptoms, diagnosis, or treatment of this condition.

The Board has dismissed all claims of service connection due to the Veteran's death.

The Veteran's osteoarthritis of the lumbar spine was previously rated at 10 percent, but a September 2018 rating decision granted an increased rating to 20 percent effective June 6, 2018.,From August 1, 2017 onward, the Veteran's osteoarthritis of the lumbar spine was rated at 20 percent until his death on June 6, 2018. The claim for a higher rating remains pending.,The Board denied an increased rating in excess of 20 percent after June 6, 2018.

The Veteran's lumbar herniated disk, status post-surgical intervention with degenerative changes was not manifested by unfavorable ankylosis of the entire thoracolumbar spine and did not meet criteria for a higher rating. The appeal is denied.

The Veteran's service-connected PTSD and lumbar spine disability have prevented her from obtaining or maintaining substantially gainful employment throughout the period under appellate review, meeting the criteria for a TDIU.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The Veteran is seeking service connection for a back disorder (previously claimed as a tailbone injury) and an acquired psychiatric disorder, including depression.

The Board has remanded the Veteran's claims for a lower back disability and right knee disability due to lack of VA examination, continuous symptomatology since service, and additional relevant evidence added after the October 2018 Statement of the Case.

The Veteran's claim for service connection for borderline personality disorder has been reopened, but the claim remains denied.,The Veteran's claim for service connection for bipolar disorder was previously denied and no new evidence has been received to reopen this claim.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a back disability. The Veteran's left leg neuropathy is denied as secondary to his service-connected sinus disability, but remanded for further examination and opinion regarding sleep apnea.,Service connection for sleep apnea cannot be granted because there is no direct or presumptive evidence linking it to active duty service.

The Board has remanded the Veteran's claims for an increased rating for low back pain and TDIU due to incomplete records, including those from June 2018. A VA examination is needed to assess the current severity of his service-connected low back disability.

The Board has remanded the claims for herniated disc of the lumbar spine with osteoporosis due to incomplete records from private providers. The Veteran is required to provide signed release forms for these records.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for a new VA examination. The issues include lumbar spine disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity.

The Veteran's claim for service connection for bilateral hearing loss was denied as he does not have a current disability for VA purposes.,His hypertension claim was also denied, as his blood pressure readings did not meet the criteria for a compensable rating.

The Veteran's lumbar spine disability is rated at 40 percent, but no greater, due to limited flexion of the thoracolumbar spine. The maximum schedular rating for this condition has been granted.

The Board has remanded the claims for a low back condition and an eye condition due to insufficient evidence. The Veteran's service connection claims are pending.

The Veteran's back disability is service-connected and rated at 40 percent. The cause of death, pulmonary fibrosis, was not related to his military service.,Service connection for the cause of death cannot be established as the preponderance of evidence shows that the Veteran’s service-connected back disability did not contribute substantially or materially to his death.

The Board has remanded the case due to new evidence submitted by the Veteran, and the AOJ should review this additional evidence and readjudicate the claim.

The Veteran's back disability, hypothyroidism, and GERD are all remanded for further evaluation as the current evaluations do not adequately reflect their severity.

The Board has dismissed the Veteran's appeal for an evaluation in excess of 10 percent for dermatophytosis tinea corporis. The remaining issues have been remanded for further examination and medical opinions.

The Veteran's claims for right ankle condition, low back strain, and acquired psychiatric disorder (including PTSD and anxiety) were denied as new and material evidence was not received.