Back / lumbar spine decisions — 2019

The Veteran's service-connected degenerative disc disease of the lumbar spine has not met the criteria for an increased evaluation prior to May 8, 2018 and on or after that date.

The Veteran's claims for service connection for a lumbar spine disorder and radiculopathy of the bilateral lower extremities have been denied. The Board found no evidence linking these conditions to his military service.

The Board has granted service connection for low back disorders, sciatica of the bilateral lower extremities, insomnia (claimed as a sleep disorder), and an acquired psychiatric disorder. The conditions are found to be related to service or secondary to other service-connected disabilities.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there is no causal relationship between his current disability and service.

The Board has remanded the issue of increased rating for tension headaches associated with TBI, as well as other service connection issues. The AOJ is instructed to obtain updated medical records and provide a clarifying opinion from the VA examiner who previously evaluated the Veteran's headaches.

The Board denied service connection for a low back disability, breathing difficulties (to include asthma), dystonia, an acquired psychiatric disability (claimed as PTSD), and a sleep disorder due to lack of evidence linking these conditions to service.,Service connection was not granted because there is no credible evidence that the Veteran sustained any in-service illness or injury related to his current disabilities.

The Veteran's claim for service connection for migraines is granted, while his claims for other conditions are denied. The Veteran also received a higher rating for anxiety with PTSD.

The Veteran's initial ratings for his right shoulder, lumbar spine (prior to January 24, 2018), and left knee disabilities were denied. The Veteran was granted a 20 percent rating for left lumbar radiculopathy but denied higher ratings for the right lumbar radiculopathy and left knee disability.

The Board has granted service connection for low back disability, left knee DJD and meniscus degeneration, chronic left ankle pain, and OSA associated with asbestosis.,Service connection is also granted for these conditions based on direct evidence of a link between the Veteran's in-service injuries and his current disabilities.

The Board has decided to remand the case due to inadequate examination and lack of recent medical records. The Veteran's low back disability is being reviewed again with a new VA examination.

The Board has restored a 40% disability rating for the Veteran's lumbar DDD and granted entitlement to total disability rating based on individual unemployability (TDIU) for the entire appeal period.

The Veteran's claim for a rating in excess of 10 percent for left lower extremity radiculopathy is denied. The 40 percent rating for low back strain with straightened lordosis, herniated disc, and residual scar must be restored.

The Veteran's service-connected disabilities (bipolar disorder and lumbar spine disorder) preclude him from securing or following a substantially gainful occupation.

The Veteran withdrew his appeal for service connection for a back disability before the Board could make a decision.

The Board has decided that the service connection for a low back condition should be remanded due to insufficient medical evidence.

The Veteran's service-connected back disability renders him unemployable as of July 15, 2015. The Board finds that TDIU is warranted for the period prior to July 15, 2015 and remands the issue for referral to VA's Director of Compensation Service for extraschedular consideration.

The Board has granted service connection for a right shoulder injury and bilateral pes planus, but denied service connection for low back and upper neck injuries.,Service connection is granted for the Veteran's right shoulder injury as it is at least as likely as not related to an in-service motor vehicle accident. Service connection is also granted for her bilateral pes planus.

The petition to reopen the previously denied claim of entitlement to service connection for a low back disability is granted. The Board has remanded several issues related to other disabilities, including knee, ankle, foot, and psychiatric conditions.

The Veteran's left shoulder strain and arthritis with impingement are currently rated at 20 percent, but do not meet the criteria for a higher rating due to lack of limitation of motion.,The Veteran's right shoulder strain with impingement is also rated at 20 percent, and does not meet the criteria for a higher rating due to lack of limitation of motion.,The Veteran’s degenerative disc disease of the cervical spine is currently rated at 10 percent, but does not meet the criteria for a higher rating as it does not demonstrate limitation of motion.

The Veteran's persistent depressive disorder is granted a 70% rating, but service connection for PTSD and a back disability secondary to knee disabilities are denied.