Back / lumbar spine decisions — 2019

The Veteran's service-connected disabilities were found to be contributory causes of his death, which was caused by metastatic lung cancer. The claim for DIC under 38 U.S.C. § 1318 is dismissed as moot.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that his current condition is causally related to an injury he sustained during his active military service.

The Board has decided that the Veteran's cervical spine disorder is not related to service, and thus denied this claim. The lumbar spine disorder claim is remanded as there is insufficient evidence on record regarding its relationship to service.

The Board has remanded the Veteran's claims for low back disorder, sciatic nerve damage of the right lower extremity, and left upper extremity radiculopathy due to inadequate medical opinions in the previous VA examinations. The claims are being returned for further development.

The Board has determined that the Veteran's claims for service connection for a right knee disorder, and for increased evaluations for his lumbar spine disability and associated radiculopathy of the femoral and sciatic nerves are remanded due to the need for additional examination.

The Veteran's claims for service connection for left hip disorder, erectile dysfunction (ED), acquired psychiatric disorder, fatigue, and migraine headaches have been denied as there is no evidence of in-service incurrence or a relationship to service.

The Veteran's claims for service connection were received on November 15, 2010. The effective dates for the awards of service connection are set at that date.,There is no evidence of any prior claim or communication indicating an intent to apply for service connection for back disability or lower extremity neurological disability before November 15, 2010.

The Veteran's claims for service connection have been dismissed due to his death.

The Board denied the Veteran's claims for service connection for thoracolumbar spine, cervical spine, PTSD, and depression. The Board found no causal relationship between these conditions and service.

The Board has granted service connection for bilateral hearing loss and tinnitus. The remaining issues on appeal are remanded due to the need for additional development.

The Board partially granted the Veteran's Motion to Vacate, vacating the portion of the February 26, 2019 decision that denied service connection for chronic obstructive pulmonary disease, thoracolumbar or cervical spine disability, left knee disability, right knee disability, and an initial evaluation in excess of 20 percent for type II diabetes mellitus. The Board partially denied the Motion to Vacate regarding the claims granted by the February 26, 2019 decision.

The Board denied service connection for a low back disorder and a gastrointestinal disorder, finding no evidence of in-service injury or disease that caused the current conditions.

The Board has remanded the Veteran's claims for an increased rating for his lumbar spine disability and entitlement to Total Disability Based on Individual Unemployability (TDIU) due to procedural issues, specifically regarding a claim of clear and unmistakable error in reducing his rating from 40% to 10%. The claims are being referred back to the AOJ for further adjudication.

The Veteran's service connection claims for hearing loss and back condition are being remanded due to insufficient evidence.

The Board has determined that the Veteran's degenerative arthritis of the lumbar spine is related to service and grants service connection for this condition.

The Veteran's bilateral shin splints and back disorder are granted service connection. The right knee, left knee, right leg/ankle, and left leg/ankle disorders are remanded for additional development.

The Board's decision dismissing the Veteran’s appeal of his service connection claims for a low back disability and bilateral lower extremity radiculopathy is vacated. The issues are now remanded due to lack of complete VA treatment records.

The Veteran's initial claim for a higher rating for his degenerative disc and joint disease of the thoracolumbar spine was denied. The Board found that prior to March 18, 2019, the disability did not meet the criteria for a rating in excess of 10 percent. Beginning March 18, 2019, the disability met the criteria for a 40 percent rating.

The Veteran's claim for an initial rating in excess of 10 percent for thoracic and lumbar spine degenerative disc disease with spondylosis, status post T-12 compression fracture is remanded due to the need for a new VA examination. The issue of entitlement to a total disability rating for individual unemployability (TDIU) is also remanded as it is inextricably intertwined with the increased rating claim.

The Board has remanded the claims of service connection for back and psychiatric disorders due to the need for additional medical examinations.