Back / lumbar spine decisions — 2019

The Board has remanded the case due to discrepancies in the Veteran's claims and new lay testimony of an in-service incident. The claim will be further evaluated with a VA examination.

The Board found that new and material evidence had been submitted to reopen several of the Veteran's previously denied claims, but did not grant service connection for any of them.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's lower back disorder, specifically a lack of VA medical opinion and private treatment records.

The Board has remanded the Veteran's claims for sleep apnea and low back disability due to potential service connection issues. The examiner will need to consider whether these conditions are related to his military service, including PTSD and carrying heavy gear.

The Veteran has withdrawn his appeals regarding increased ratings for his service-connected lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's appeal has been withdrawn for the issue of a compensable rating for tension headaches residual of a TBI. The claim for service connection for a right shoulder condition has been reopened due to new and material evidence received since the last denial. The claims for increased ratings for DDD of the lumbar spine and left hip DJD are remanded.

The Veteran withdrew his appeal for an increased disability rating for lower back issues, and the Board dismissed the case as a result.

The Veteran's application to reopen the claim of service connection for bilateral hearing loss is granted. The Board has also remanded the claims for service connection for lumbar spine disability due to outstanding records and additional examination.

The Veteran's service connection for a left ankle disability is granted. The Veteran's right shoulder DJD status post surgical repair of labral tear, right elbow lateral epicondylitis and tendonitis, and left elbow lateral epicondylitis and tendonitis are all rated at the maximum schedular rating available. Other conditions have been evaluated based on their severity.

The Board denied the Veteran's claim for service connection for a low back disability, finding that the preponderance of evidence did not support a causal relationship between his current condition and his military service.

The Veteran's residuals of TBI are not manifested by any facet equating to higher than a level '1' under the Table of Facets of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.,Since June 2009, the Veteran’s low back disorder has been manifested in painful motion at a non-compensable level. From March 2017 onwards, it manifests with muscle spasm severe enough to result in an abnormal gait or abnormal spinal contour.

The Veteran's claims for increased rating and service connection are being remanded due to the addition of new VA treatment records. The case will be reviewed by the AOJ before a decision is made.

The Veteran's claim for service connection for PTSD, a back disability, and other conditions has been granted with an effective date of October 29, 2012. The appeal is denied for the remaining issues.

The Board has remanded the claims for an initial rating higher than 50 percent for adjustment disorder with depressed mood, an initial rating higher than 20 percent for lumbosacral strain, and an initial rating higher than 10 percent for residual neuropathy status/post left axillary mass aspiration. The effective dates of service connection are also remanded due to unadjudicated assertions of clear and unmistakable error (CUE).

The Board has granted service connection for a low back disability, diagnosed as lumbosacral strain and facet joint arthropathy, finding that the Veteran's current condition is at least as likely as not incurred in service.

Service connection is denied for tinnitus, right knee disorder, left knee disorder, neck disorder, right shoulder disorder, and back disorder.,The Veteran's current conditions are not related to his military service.

The Board denied service connection for various conditions, including anemia, arthritis or other disability of the lumbar spine, sleep apnea, and malignant melanoma. Service connection was reopened on new evidence for a kidney disability.

The Board has denied the Veteran's claims for service connection for right knee condition and lumbar strain, including as secondary to his left knee disability. The case is being remanded due to a lack of current diagnosis.

The Veteran's PTSD is granted, and a rating in excess of 70 percent for PTSD is denied. Service connection for migraine headaches and chronic kidney disease are granted.

The Veteran's claim for service connection for a back disability is remanded due to failure to appear for a VA examination. The issue of entitlement to a compensable rating for status post stab wound of the right arm is also remanded.