Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for service connection for a lumbar spine disorder, bilateral knee disorder, and heart disorder due to potential issues with verifying his National Guard service.

The Board dismissed the Veteran's appeal for an earlier effective date because he did not file a timely substantive appeal within 60 days of receiving the SOC.

The Board has remanded the cases due to new evidence received and outstanding medical records that need to be obtained. The Veteran's claims for service connection are being reviewed again.

The Veteran's claims for service connection have been reopened, but the Board has not yet decided whether these conditions are related to his military service.,Additional evidence was submitted and found to be new and material, allowing the reopening of the claims. However, further development is needed to determine if the conditions are indeed related to service.

The Board denied service connection for low back disability, sinus disability, IBS, acid reflux, headache disability, and sciatica as they were not shown to be related to service.,Service connection was also denied for a right arm disability.

The Board has restored the 80 percent rating for the Veteran's bilateral hearing loss disability, effective July 1, 2012. The remaining claims of a higher rating prior to April 17, 2015, for lumbar spine disability and entitlement to TDIU are remanded.

The Board denied the Veteran's claims for service connection for a back disorder, skin rash of the bilateral lower legs, and skin cancer. The evidence did not support a finding that any current conditions were related to service or exposure to herbicides.

The Veteran's claims for service connection of right shoulder, right foot, and left foot disabilities have been denied due to lack of diagnosed conditions. The claim for back disability is remanded as the VA examiner did not provide an etiology opinion.,The Veteran's skin condition has also been diagnosed but the cause remains unknown.

The Board has remanded the Veteran's claims of service connection for neck and low back disabilities due to incomplete analysis of his service treatment records. The VA examiner opined that the current cervical and lumbar spine conditions are less likely than not related to his period of active duty service.

The Veteran's claim for a compensable disability rating prior to February 9, 2016 and a higher rating thereafter for mechanical low back pain was denied. The claim for an initial disability rating greater than 10 percent for left wrist disability was also denied.

The Veteran's service-connected disabilities, including chronic lumbar strain with intervertebral disc disease, migraine headaches, and peripheral neuropathy of the right lower extremity, have prevented him from maintaining substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Veteran's tinnitus, bilateral hearing loss, low back disability, right lower extremity radiculopathy, and GERD have been granted service connection. The right ankle disability has not met the criteria for service connection.

The Veteran's appeal for increased ratings and TDIU is being remanded due to the failure of his representative to respond to previous notices and requests for information.

The Board has remanded both claims for service connection due to the need for additional evidence and a new examination. The low back disability claim is related to INACDUTRA on March 13, 2016, while the sciatica claim must be considered in light of the current status of the low back disability claim.

The Veteran's low back disability is currently rated at 20 percent, but the Board found that his symptoms do not warrant a higher rating as he does not have unfavorable ankylosis or restricted range of motion approaching ankylosis.

The Veteran's claims for low back pain, numbness in the legs, fibromyalgia, hysterectomy residuals, and right ankle condition are being remanded due to new evidence received since the previous denial.,The Board has found that there is new and material evidence to reopen the claims of service connection for low back pain, numbness in the legs, fibromyalgia, hysterectomy residuals, and right ankle condition.

The Veteran's service-connected conditions were denied as they are not related to military service. The Board found the evidence did not support a finding that any of these conditions began during or were aggravated by active duty.

The Veteran's claims for annual clothing allowances for the 2015 calendar year for right knee and back braces are remanded due to insufficient information about the type of braces issued. Additional VA treatment records from April 2015 to January 2016 are needed, as well as an assessment of whether the Veteran's braces were worn on the outside of his clothing.

The Veteran's cervical spine and lumbar spine disabilities are granted as they were aggravated by a March 2015 motor vehicle accident during INACDUTRA.,The Veteran's bilateral knee disability is granted as it began during active service.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been granted. The claims for service connection for lumbar spine disability and neck disability are remanded.