Back / lumbar spine decisions — 2019

The Board has ordered remand on three issues: lumbar spine disability, sleep apnea, and ulcerative colitis. Each issue requires a new VA examination to determine the etiology of the Veteran's conditions.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations. The low back problem and acquired psychiatric disorder (including PTSD and depression) are both being reviewed.

The Board has remanded several claims for further development, including those related to the Veteran's lumbar spine, right and left ankle, left elbow, right elbow, cervical spine, thoracic spine, left wrist, right wrist, left hip, right hip, right knee, left knee, and chronic bronchitis disabilities. The claims are being returned to the RO for additional development.

The Veteran's claim for service connection for a lumbar spine disability has been reopened and granted. Service connection is also granted for left shoulder and right shoulder disabilities.

The Board has remanded the Veteran's claims for a higher rating for her lumbar strain and TDIU due to inadequate VA examinations, specifically lacking opinions on additional functional loss during flare-ups or after repeated use over time.

The Board has decided to remand the case due to new and material evidence received within the appeal period, which relates to the unestablished in-service element regarding the Veteran's claim for a back disability. The issue is now being considered de novo.

The Veteran's claims for service connection for PTSD and TDIU were denied as there was no clear and unmistakable error in the January 1997 rating decision, which granted these benefits effective October 26, 1995.

The Board has denied the Veteran's claims for service connection for a lumbar spine disability and a left knee disability, as well as his claim for an initial rating in excess of 50 percent for migraine headaches. The reasons provided include lack of evidence linking these conditions to service.

The Board has granted service connection for bilateral upper extremity vascular neuropathy, bilateral lower extremity vascular neuropathy, and a back disability based on new evidence submitted by the Veteran during the appeal period. The decision is in favor of the Veteran.

The Board has granted service connection for low back and tinnitus disabilities, but has remanded the issue of service connection for bilateral hearing loss.

The Board has decided to remand the Veteran's claims of service connection for a low back disability and bilateral hearing loss due to outstanding VA treatment records and the need for additional medical opinions.

The Veteran's appeal for a higher rating for his arthritis of the lumbar spine was dismissed because he withdrew his appeal prior to the Board making a decision.

The Board denied the Veteran's requests to reopen claims for service connection for various conditions, including left knee disability, back disability, hypertension, diabetes mellitus, and peripheral neuropathy of the upper and lower extremities. The evidence submitted since the prior final denial was not considered new and material.

The Veteran's PTSD is granted with a rating of 50 percent, effective July 3, 2019. Service connection for other conditions remains pending.

The Board has determined that additional development is needed before the remaining claims on appeal can be decided. The Veteran's psychiatric disability may be related to his active service, and a VA examination should be scheduled for this purpose.

The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, and the Board has determined that additional development is needed to properly assess his condition.

The Board has remanded the Veteran's claims for an increase rating for his lumbar spine disability and for a total disability rating based on individual unemployability due to inadequate examination findings.

The Board denied the Veteran's claims for service connection for a left knee disability and an evaluation in excess of 10 percent for his lumbar spine disability, finding that there was no evidence to support these claims.

The Board has remanded the case due to insufficient evidence regarding the in-service injury and continuing symptoms for a low back disability. The Veteran's new buddy statements have been submitted, and further development is needed.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's in-service back complaints were manifestations of her pre-existing condition, and if so, whether they represented an increase in severity beyond its natural progression.