Back / lumbar spine decisions — 2019

The Veteran's low back disorder and hypertension are granted service connection, while his foot dermatophytosis is reopened but denied. The left knee condition is denied as not related to service.

Service connection for a low back condition is denied.,A 10% rating for migraines is granted from July 31, 2013 to August 8, 2018. A rating in excess of 30% for migraines after that date is denied.

The Board has granted service connection for depressive disorder as secondary to the Veteran's service-connected disabilities, and has assigned a 20% rating effective July 6, 2018 for his lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Board has remanded the case for further evaluation of the Veteran's service-connected left lower extremity radiculopathy and tension headaches, as well as to determine an appropriate effective date for a separate rating.

The Veteran's service-connected low back disability and related surgical scar render him unable to secure and follow a substantially gainful occupation as of September 12, 2016. Prior to that date, he was not unemployable due to his service-connected disabilities.

The Board has determined that the reduction of the Veteran’s 40 percent rating for a lumbar spine disability from April 11, 2016, to October 10, 2018, was improper and the 40 percent rating should be restored. The case is being remanded to obtain additional medical records and issue a supplemental statement of the case.

The Board has determined that additional examinations and medical opinions are needed to properly adjudicate the Veteran's claims for service connection due to her reported conditions. The issues of entitlement to service connection for bilateral hearing loss, low back pain, left knee condition, right ankle condition, and respiratory condition are all remanded.

The Board has decided to remand the case due to an inadequate VA examination, and a new examination is needed to determine if the Veteran's back disability is related to his military service.

The Board has granted the Veteran's claim for service connection for a back disability, including diagnoses of lumbosacral strain, chronic low back pain, lumbar disc degenerative disease with bulging discs and lumbar facet arthropathy. The appeal was reopened due to new evidence submitted by the Veteran.

The Veteran's appeal has been dismissed due to their death, and no effective dates are being assigned as the claims have become moot.

The Veteran's tinnitus claim is granted. The bilateral hearing loss disability appeal is dismissed without prejudice. The low back condition, bilateral hand condition, and acquired psychiatric disorder to include depression claims are remanded for further development.

The Veteran's lumbar spine disability is remanded for a new examination to assess the current severity of her condition, including range of motion testing and evaluation during flare-ups.

The Board has remanded the Veteran's claims for additional examinations and development due to lack of range of motion testing in previous VA examination reports, as well as issues regarding an earlier effective date for TDIU.

The Veteran's migraine headaches are rated at 50 percent effective November 7, 2012. She is entitled to a higher rating prior to this date.

The Veteran's claims for increase ratings in Meniere’s syndrome and depressive disorder have been withdrawn.,The issues of service connection for colitis, TDIU from December 1, 2012 to August 4, 2016, and the remaining appeal are remanded.

The Veteran's application to reopen the previously denied claims for service connection for lumbosacral strain with degenerative disc disease and radiculopathy, as well as tinnitus, was granted.,The claim of entitlement to service connection for PTSD remains pending.

The Board has decided that the Veteran's claims for service connection for right ankle condition, bilateral hip condition, bilateral knee condition, and back condition secondary to right ankle condition are inextricably intertwined with his claim for right ankle condition. As such, these related issues must be remanded.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a lack of evidence showing that his left knee infection and related disabilities were caused by VA medical treatment or surgery.

The Board has granted service connection for a neck disability and awarded a maximum 30 percent rating for IBS, finding that the Veteran's symptoms of severe alternating diarrhea and constipation with constant abdominal distress meet the criteria for these conditions.

The Board has denied the Veteran's claims for service connection for bronchitis and cervical neck lordosis condition, vertigo, irritable bowel syndrome, and migraine headaches as secondary to her service-connected disability of nonspecific musculoligamentous strain, lumbar spine. The remanded issues include determining whether these conditions are aggravated by her service-connected disabilities or if they have a direct relationship with her military service.