Back / lumbar spine decisions — 2019

The Veteran's degenerative disc disease of the lumbar spine is now rated at 20 percent, effective February 25, 2019.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that her current condition is at least as likely as not related to active duty service.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and left knee degenerative arthritis were denied. The rating for degenerative disc disease of the lumbar spine was denied prior to April 29, 2015, while from April 29, 2015, a higher rating is not warranted.

The Board has granted the Veteran's request to reopen his service connection claims for migraine headaches, stroke residuals, back disorder, left knee disorder, sleep apnea, gastroesophageal reflux disease (GERD), and heart disorder. The appeals are now remanded due to the need for additional development.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that it is not proximately due to or aggravated by his service-connected disabilities.

The Veteran's claims for service connection related to a headache condition, neck condition, left knee condition, back condition, acquired psychiatric disorder, and post-service hysterectomy have been reopened due to the submission of new and material evidence.,Service connection will be remanded for these conditions as further review is needed.

The Board denied service connection for a back disability as the evidence did not support a nexus between the Veteran's in-service injury and his current condition.

The Board denied the Veteran's claim for service connection for a low back injury as there is no credible evidence of an in-service injury or disease related to his back during active duty training or reserve training.

The Board has already granted the Veteran's claim for TDIU and neither the Veteran nor his attorney have filed a timely notice of disagreement (NOD) with the effective date assigned.

The Veteran's lumbar spine and left wrist disabilities are remanded for further evaluation due to missed VA examinations. The cases will be rescheduled for a VA examination.

The Veteran's additional disabilities are being remanded for an addendum VA medical opinion to determine if they were caused by the November 2011 VA colonoscopy with perforated bowel and subsequent multiple infections, including carelessness or negligence on the part of VA.

The Board denied service connection for a back disorder, finding that the Veteran's current condition is not causally related to his in-service complaints and does not meet any presumptive criteria.

The Veteran's lumbar spine disability and radiculopathy of the bilateral lower extremities are remanded for further evaluation due to potential progression of his condition.

The Board has decided to remand the case due to missing medical records and for further examination. The Veteran's low back disability is being reviewed again, including whether it was incurred during service or if a preexisting condition worsened.

Service connection is granted for the Veteran's back disorder, to include as secondary to a service-connected disability. The claim for an acquired psychiatric disorder (depression) is remanded.

The Board has remanded the case due to a change in legal standard regarding aggravation of non-service-connected disabilities. The Veteran's back disability is being reviewed again for service connection, with an emphasis on whether it was aggravated by her service-connected left foot disability.

The Board has determined that the Veteran requires a more current examination to assess his current level of disability and functional loss due to recent symptom reports. The claims for increased ratings for right and left hip disabilities, and a back disability are therefore remanded.

The Board has determined that new and material evidence has been received to reopen the claims for left fifth finger disability, back disability, pes planus, bilateral knee disability, and acquired psychiatric disorder. However, these claims are being remanded as further medical examination is needed.,The Veteran's left wrist osteoarthritis is related to an injury and treatment in active service.

The appeal of the denial of a higher disability evaluation for PTSD is dismissed. The issue of an evaluation in excess of 40 percent for lumbar strain disability is remanded.

The Board denied a temporary total rating based on convalescence following surgery for the Veteran's low back disorder because the surgery did not necessitate one month of convalescence and did not result in severe postoperative residuals, house confinement, or continued use of a wheelchair or crutches.