Back / lumbar spine decisions — 2019

The Board dismissed all claims for increased ratings as the Veteran withdrew her appeals of these issues prior to a decision being made.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent prior to November 17, 2017 and 40 percent thereafter. The Board finds that these ratings are appropriate based on the evidence showing a combined range of motion not greater than 120 degrees prior to November 17, 2017, and forward flexion to 20 degrees with pain on repetitive use testing as of November 17, 2017.

The Board has remanded the Veteran's claims for service connection and rating of his disabilities due to incomplete development. The issues include left shoulder, left knee, back, and fifth metatarsal fractures.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted, effective from July 14, 2008. The decision is based on the Veteran's service-connected disabilities and his inability to secure or follow a substantially gainful occupation.

The Board has reopened the claims for service connection for low back strain and major depressive disorder due to new evidence submitted by the Veteran. However, these claims are still pending as they have been remanded for further examination and analysis.

The Board has remanded the Veteran's claims for left shoulder and lower back disabilities due to inadequate examinations and failure to consider relevant evidence.

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not related to his military service.

The Veteran's claim for service connection for bilateral tinnitus is granted. Claims for left ankle disability, low back disability, and left big toe injury are dismissed due to withdrawal of appeal.

The Board denied the Veteran's claims for service connection for a low back disability and right foot disability, finding that there was no evidence of a current disability related to in-service events or injuries.

The Board has granted the Veteran's request to reopen his service connection claim for a low back condition and remanded it for further development.

The Board has remanded the Veteran's claims of service connection for a back disability and an acquired psychiatric disorder due to inadequate opinions in previous examinations.

The Veteran's claims for increased ratings for PTSD and lumbar spine disability, as well as service connection for gastrointestinal problems, are being remanded due to the need for updated VA examinations.

The Veteran's claim for a rating of 30 percent for migraine headaches is granted, effective from the date of the decision. The appeal regarding service connection for low back disorder and bilateral foot disorders is remanded.

The Board has remanded the Veteran's claims for service connection for a lower back condition and allergic rhinitis due to inadequate opinions in the VA examinations. The Veteran is seeking service connection for these conditions, which he contends are related to his military service.

The Board has remanded the case due to a lack of evidence regarding an in-service motor vehicle accident (MVA) that may have caused the Veteran's current lumbar spine disorder. The AOJ is instructed to obtain service personnel records and any related treatment records from the MVA, if available.

The Veteran's appeal for service connection for GERD was withdrawn by the Veteran at his July 2019 hearing. The Board dismissed the remaining claims of service connection for low back and neck disabilities, bilateral leg and hand disabilities (numbness), and a psychiatric disorder.,Service connection was denied for all issues due to lack of evidence linking any diagnosed conditions to service or service-connected disabilities.

The Board has remanded the Veteran's claims for hypertension, as well as his service connection claims for sciatica/bilateral leg disability and lumbar spine disability.

The Veteran's claim for an initial rating in excess of 20 percent for her lumbar spine disability prior to September 6, 2013 is denied. The case is remanded for further development regarding a higher rating from September 6, 2013.

The Veteran's appeal is remanded for additional examinations to address the severity of his lumbar spine disability, hypothyroidism, and right ventricular hypertrophy.

The Veteran's claim for an increased disability rating for his service-connected back disability is being remanded due to the need for a new VA examination and retroactive consideration of the Court's decision in Correia v. McDonald, 28 Vet. App. 158 (2016).