Back / lumbar spine decisions — 2019

The Board has granted service connection for a low back disability characterized as degenerative disc disease of the lumbar spine without myelopathy, and spondylosis of the lumbar spine. The Veteran's combined disability rating is now at 50 percent effective January 9, 2012.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions regarding his low back, right knee, left shoulder, and gastrointestinal disabilities.

The Veteran's claim for a higher rating for chronic low back pain and right lower extremity radiculopathy was denied. A separate rating of 10 percent for left lower extremity radiculopathy is granted from November 18, 2013.

The Board has remanded the cases for additional development due to insufficient medical opinions regarding the Veteran's claimed sinus, neck, and back disabilities. The claims for service connection remain pending.

The Veteran's TDIU claim was granted with an effective date of April 6, 2012. However, the Board found that the effective date should be set at April 17, 2006 due to his combined disability rating reaching 60% on that date.

The Board has granted the Veteran's application to reopen his claim for service connection for a low back disorder, but denied the claim itself due to lack of evidence linking the current condition to service.

The Veteran's claim for an earlier effective date for the grant of a separate rating for right lower extremity radiculopathy is denied. The Board has also remanded the issue of entitlement to total disability based on individual unemployability (TDIU).

The Veteran's degenerative disc disease of the lumbar spine with radiculopathy, claimed as back and leg problems, is related to his August 2002 hernia surgery. The Board has determined that this qualifies for compensation under 38 U.S.C. § 1151.

The Board has determined that additional VA examinations are needed to determine the etiology of the Veteran's cervical spine condition, lower back condition, bilateral plantar fasciitis, allergic rhinitis and asthma. The claims for service connection are being remanded.

The Veteran's claims for PTSD, Hepatitis C, and Low Back Disability have been reopened due to the submission of new evidence. The cases are now remanded for further development.

The Board has reopened the claims for right and left knee disabilities, but remanded them due to insufficient evidence. The back disability claim is also being remanded.

The Veteran's OSA is granted as secondary to pain from her service-connected disabilities. The Veteran's depression, migraine headaches, and thoracolumbar strain with IVDS are all found to be proximately due to her service-connected conditions. The Veteran's tinnitus claim is denied. Other claims for increased ratings have been decided in favor of the Veteran.

The Veteran's back disability and prostate cancer were not granted service connection. The claim for prostate cancer was reopened, but the grant of service connection is based on presumptive exposure to herbicide agents.

The Board has reopened the claim of service connection for a low back disability and remanded all other claims due to insufficient evidence in the previous examination.

The Veteran's current diagnoses of degenerative disc disease (DDD) of his cervical spine and associated radiculopathy of the left upper extremity are granted as service connected.

The Board denied service connection for back disability and remanded the issue of service connection for depression due to insufficient evidence in the VA examination.

The Veteran's TDIU claim is granted, and his increased evaluations for lumbar spine and major depressive disorder are remanded due to insufficient evidence.

The Board has decided that a higher rating than 10 percent for the Veteran's low back disability is warranted and has ordered a new examination to determine the current severity of his service-connected condition.

The Board granted a 40 percent rating for lumbago and herniated disc with degenerative disc disease (L4-5 lumbar spine disability) from May 6, 2016. The right lower extremity radiculopathy was denied.

The Veteran's fibromyalgia is granted an initial 20 percent rating, while other conditions remain at their current ratings.