Back / lumbar spine decisions — 2019

The Veteran's claim for a higher rating for lumbosacral strain with DJD was denied. The Board also found that the Veteran should be granted a TDIU, but referred the matter to the Director of Compensation Service for consideration under 38 C.F.R. § § 4.16(b).

The Veteran's appeals for service connection and rating increases were dismissed. Appeals for reopening of low back disorder claim, service connection for neck disorder, total right hip arthroplasty, left knee condition, and right knee injury were remanded.

The Board has decided that the Veteran's claims for service connection for various knee and back disabilities, as well as migraines secondary to a back disability, need further review due to outstanding private treatment records.

The Veteran's claims for increased ratings for his lumbosacral spine disability and TBI were denied as the evidence did not support a higher rating than what was already assigned.

The Veteran is seeking Section 1151 compensation for various conditions resulting from a pancreatectomy and related surgeries performed by VA. The Board has determined that additional disability was caused, but the specific cause of this disability (caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA) needs to be clarified.,The Veteran is also seeking Section 1151 compensation for PTSD, anxiety, and depression as a result of the pancreatectomy. The Board has determined that additional disability was caused, but the specific cause (caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA) needs to be clarified.

The Veteran's claimed conditions were not incurred or aggravated by service. The Board found no credible evidence linking the current disabilities to his military service.

The Board denied the Veteran's claim for a non-initial disability rating, in excess of 40 percent, including consideration for an extraschedular rating, for his back disability. The criteria for a higher rating were not met as the Veteran did not have unfavorable ankylosis of the entire or thoracolumbar spine.

The Board has remanded the Veteran's claims of service connection for various disabilities, including bilateral hearing loss, headaches, shin splints, bone spurs in the right foot, back disability, and right knee disability. The reasons include lack of VA examination due to failure to report for scheduled examinations.

The Board has granted service connection for a lumbar spine disability, but the issue of an initial compensable rating for prostate cancer residuals is remanded.

The Veteran's claim for service connection of a low back disability and neck disability was denied. The claim for service connection of bipolar disorder is granted.

The Veteran was previously denied a total disability rating based on individual unemployability due to service-connected disabilities. The Board has now granted this claim effective January 14, 2017.

The Board has added new medical evidence to the record, including treatment records and a VA examination regarding the Veteran's left ankle. The claims for reopening service connection for various knee and hip disorders as well as lumbar spine disorder are being remanded for further development.

The Veteran's claims for liver damage, AC joint arthritis of the left shoulder, carpal tunnel syndrome of the right and left wrist, degenerative disease of the left knee, degenerative changes of the right knee, chronic cervical strain with radiculopathy/neuropathy, lumbar strain, allergic rhinitis, and PTSD have all been denied. The Veteran's claim for prurigo is remanded.

The Board has remanded the claims for low back disability, degenerative disc disease of the cervical spine with left upper extremity radiculopathy, hypertension, and psychiatric disability (including PTSD, depression, and nervous disorder) due to incomplete records and need for additional information regarding stressors.

The Veteran's low back disability was rated at 10 percent prior to January 26, 2016 and granted a 20 percent rating effective from that date. The appeal is mixed as some issues were granted while others were denied.

The Veteran's back disability, which includes a compression fracture T12 with degenerative disc disease L5-S1 and chronic lumbar sprain, has worsened since his last VA examination in January 2015. The Board finds that a remand is necessary to obtain updated treatment records and for the Veteran to undergo a new VA examination to determine the current severity of his disability.

The Board denied the Veteran's claims for service connection for left knee, right elbow, and back disorders due to lack of new and material evidence.

The Board denied service connection for diabetes mellitus, back disability, neck disability, right foot disability, Meniere's disease, and gastrointestinal disability (GERD). The Veteran did not have a current diagnosis of any of these conditions at the time of the decision. The Board found that there was no evidence of continuity of symptomatology or in-service incurrence for diabetes mellitus, back disability, neck disability, right foot disability, Meniere's disease, and gastrointestinal disability (GERD).

The Board denied the Veteran's claim for service connection for a lumbar spine disability and granted TDIU, finding that there was no evidence of a nexus between his current back disability and service.

The Veteran's claims for increased ratings for lumbar spine arthritis and chronic diarrhea were denied as the evidence did not meet the criteria for higher disability ratings.