Back / lumbar spine decisions — 2019

The Veteran's lumbosacral strain with degenerative arthritis of the spine is now rated at 40 percent effective October 22, 2018. Service connection for radiculopathy in both lower extremities has also been granted.

The Board has remanded the case due to a lack of clarity in how service-connected disabilities affect the Veteran's ability to work, and needs further examination to determine this impact.

The Board has decided to remand the case due to inadequate examination and need for clarification of diagnoses in the Veteran's records.

The Board has granted service connection for left knee and lumbar spine disabilities as secondary to the Veteran's service-connected right knee disability. The rating of 30 percent for right knee replacement is denied.

The petition to reopen the previously denied claim for service connection for a neck disability is granted. The petition to reopen the previously denied claim for low back pain is denied.

The Board denied the applications to reopen claims for service connection for a lumbar spine disorder and a gastrointestinal disorder due to lack of new and material evidence.

The Board has decided to remand the Veteran's claim for increased evaluations for his thoracolumbar spine disability due to insufficient evidence and need for a new VA examination.

The Veteran's claim for an increased rating for lumbar spine degenerative joint disease is being remanded due to the need for a new VA examination to assess the severity of his condition, including during flare-ups and with range of motion testing. Updated VA treatment records are also needed.

The Board has granted service connection for tinnitus and remanded the other issues due to incomplete rationale in the VA examination reports.

The Board has remanded the Veteran's claims of service connection for lower back and eye disabilities, as well as bilateral knee and foot disabilities. The claims are being returned to VA for further development.

The Board has remanded the case due to insufficient rationale in a previous VA examination and the need for updated treatment records. A new VA examination is required to determine if the Veteran's current low back disability is related to service.

The Board has granted service connection for a lower back condition and a right hip condition secondary to the Veteran's service-connected residuals of right knee arthroscopic surgery. The claim is remanded for further development regarding the rating for the right knee.

The Veteran's claim for service connection for a back disorder was denied, but reopened due to new evidence. The Board found no current disability and the preponderance of evidence is against finding that the condition began during service or is related to an in-service injury.,Service connection for sinusitis was also denied as there was no evidence showing it began during service or is otherwise related to an in-service injury.

The Veteran's claims for serous otitis media, right wrist disorder, low back disorder, and right knee condition are being remanded due to the need for additional medical examinations and records.

The Veteran's service connection claims for low back disability, peripheral neuropathy, and PTSD have been denied. The Board found no evidence of a relationship between the disabilities and service or any presumptive exposure to herbicide agents.

The Veteran is granted a TDIU effective October 8, 2008. The Board found that the Veteran was unable to maintain gainful employment due to his service-connected lumbar spine disability and associated radiculopathy prior to this date.

The Board granted the Veteran a TDIU based on his service-connected lumbar spine disability and hearing loss, which prevented him from securing or following any substantially gainful occupation. The decision also addressed an increased rating for the lumbar spine.

The Veteran's petition to reopen claims for service connection for a back disorder and an acquired psychiatric disorder, including PTSD, borderline personality disorder, and anxiety, is granted. The petition to reopen the claim of service connection for a stomach disorder is denied.

The Board has remanded the case due to a need for a new VA examination to evaluate the nature and etiology of the Veteran's lower back disorder.

The Veteran's service-connected disabilities, including intervertebral disc syndrome and degenerative arthritis of the lumbar spine, radiculopathy of the left lower extremity involving the femoral nerve, radiculopathy of the left lower extremity involving the sciatic nerve, radiculopathy of the right lower extremity involving the femoral nerve, osteoarthritis of the right knee, osteoarthritis of the left knee, and tinnitus, render him unable to obtain substantial gainful employment. As a result, the Veteran's claim for TDIU is granted.