Back / lumbar spine decisions — 2019

The Board has remanded the claims of service connection for a low back disorder, left knee disorders, and sleep apnea due to missing service treatment records. The Veteran's right and left knee disorders are also being remanded as they are inextricably intertwined with the low back disorder claim.

The Veteran's appeal was denied for ratings higher than the current assigned ratings for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Board denied service connection for cervical sprain/strain with degenerative disc disease as secondary to residuals of a low back injury with degenerative disc disease of the lumbosacral spine.,The Board also denied service connection for glaucoma as secondary to residuals of a low back injury with degenerative disc disease of the lumbosacral spine.

The Veteran's TDIU was granted with an effective date of June 11, 2011 or the date following his last day of employment. The Board found that he could not secure and maintain substantially gainful employment due to service-connected disabilities.

The Board has reopened the claim for service connection of a low back disability and denied it as there is no evidence that the current condition had its onset in service or is otherwise related to service.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating under any applicable DCs.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at Baylor Medical Center at McKinney on July 12, 2013 was denied because the services were not rendered in a 'medical emergency' and VA facilities were feasibly available.

The Veteran's claim for a higher rating for his service-connected low back disability is remanded due to the need for updated orthopedic evidence and an examination.

The Board has decided that the Veteran's back disability was not service-connected due to lack of a current disability. The Court found this decision flawed and ordered a remand for further examination.

The Board has determined that the Veteran's claims for a rating in excess of 20 percent for a lumbar spine disability and entitlement to TDIU are remanded due to the need for additional examinations and medical opinions.

The Veteran's application to reopen claims of service connection for PTSD, fibromyalgia, back disability, sleep apnea, and migraine headaches is granted. The cases are remanded due to the need for additional evidence and examinations.

The Board has remanded the Veteran's claims for service connection and increased rating, as well as secondary service connection. The claims are being returned to the AOJ for further development and consideration.

The Board has determined that the VA examinations for the Veteran's service-connected lumbar spine disability are inadequate and remands the case to obtain a new examination. Additionally, the TDIU issue is also remanded due to its inextricably intertwined nature with the increased rating claim.

The Veteran withdrew all her claims, including those for service connection and increased rating.

The Veteran's claim for a higher disability rating for his service-connected lumbar spondylosis was denied by the Board. The condition is currently rated at 40 percent, which does not meet the criteria for a higher rating due to lack of ankylosis or incapacitating episodes.

The Veteran's claim for service connection for a thoracolumbar disorder, including DJD, was granted. The claims for neck and headache disorders were also granted.

The Board has remanded the Veteran's claim for an initial evaluation in excess of 10 percent for degenerative disc disease of the lumbar spine, with L4-L5 facet arthrosis due to inadequate examination and failure to comply with Correia v. McDonald.

The Veteran's appeal for service connection for a left ankle disability was withdrawn by the Veteran during his October 2018 Board hearing.,Service connection for low back disability, including degenerative disease, is denied as there is no evidence of chronicity in service or within the applicable presumptive period.

The Veteran's application to reopen a claim for service connection of myofascial pain syndrome and low back disability was granted. Service connection for the low back disability is also granted, with an initial rating of 70 percent. The social phobia claim remains at 30 percent.

The Veteran's appeals for service connection and increased ratings have been dismissed. The Board has granted a TDIU based on the Veteran's service-connected disabilities.