Back / lumbar spine decisions — 2019

The Board denied the Veteran's claims for service connection for a back disability, finding that her current condition is not related to any in-service event or injury and that her service-connected knee and fibromyalgia conditions do not cause or aggravate her back disability.

The Veteran's right hip disability is remanded due to his service-connected right knee and lumbar spine disabilities. The claims for higher ratings of his right knee, left shoulder, lumbar spine, and sinusitis are also remanded as the severity of these conditions may have increased since the last VA examination.

The Veteran's claim to reopen the service connection for a spine disability is granted. The case is remanded for further examination and opinion.

The Board denied reopening of the claim for service connection for a cervical spine disability and denied an increased rating for lumbosacral strain with IVDS and degenerative arthritis of the thoracic spine.

The Board has remanded the Veteran's claims for service connection for chronic lumbar strain and bilateral patellofemoral syndrome of the knee due to a gap in treatment records between April 2009 and September 2015, as well as the need for additional VA examinations.

The Board has remanded the Veteran's claims of service connection for lumbar spine, left foot, and right foot disabilities due to inadequate consideration of the evidence in a previous VA examination.

The Veteran's claim to reopen a service connection for a back disability is granted. The Board has determined that new and material evidence has been received, allowing the claim to be reopened.,The Veteran's claim for outpatient dental treatment due to a lost bridge during service is remanded as there are issues with the current record regarding eligibility and proper notification.

The Board has remanded the case due to insufficient evidence regarding the Veteran's bilateral knee injury. The Veteran is seeking service connection for this condition, which may be related to an in-service injury in 1989.

The Veteran's service-connected disabilities, including arthritis, disc disease, knee pain, thoracolumbar spine condition, and radiculopathy of the left lower extremity, have rendered him unemployable since February 13, 2013. His combined disability rating was sufficient to meet the schedular requirement for TDIU.

The Veteran's GERD was diagnosed during service and is granted as service connected. The claims for shoulder, back, and knee disabilities are remanded due to conflicting medical opinions.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation from October 25, 2016 to September 28, 2017. TDIU is granted for this period. The issue of service connection for dizziness/vertigo as a residual of a traumatic brain injury (TBI) is remanded.

The Veteran's claims for a left knee condition and lumbosacral strain with degenerative joint disease have been granted.,The Veteran's claim for joint swelling and pain in the right elbow has been denied.

The Veteran's lumbar spine disability is rated at 40 percent from November 14, 2008 to present. The TDIU claim for the period from May 14, 2001 to September 1, 2008 was denied. A separate compensable rating for urinary incontinence is remanded.

The Veteran's radiculopathy of the right lower extremity associated with lumbar spine DDD/IVDS is rated at 60 percent throughout the period on appeal, and entitlement to a TDIU effective November 23, 2009 is granted.

The Board denied the Veteran's claim for service connection for right lower extremity lumbar radiculopathy, secondary to his service-connected lumbosacral strain. The decision found that there was no current diagnosis of right lower extremity lumbar radiculopathy and that it is less likely than not related to his service-connected condition.

The Board has decided that the Veteran does not have a bilateral hearing loss disability for VA purposes and denied service connection for this condition. The issues of an initial rating in excess of 10 percent for DDD of the lumbar spine L5-S1 and an initial compensable rating for patellofemoral syndrome of the right knee are remanded.

The Board has remanded the Veteran's claims for a left shoulder disability and back disability due to insufficient evidence regarding their etiology. The Veteran is presumed competent to report his service activities, but VA must obtain an examination to determine if any current disabilities are related to service.

The Board has remanded the case due to inadequate opinion from a VA examiner regarding the etiology of the Veteran's lower back disability.

The Veteran's claim for agent fees based on past due benefits granted in the November 2016 rating decision is granted, as valid notices of disagreement were filed and a fee agreement was signed.

The Veteran's claims for higher ratings and service connection are remanded due to the passage of time and allegations of worsening conditions. Further, new VA examinations are needed as the current evidence is insufficient.