Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for lumbar spine disability, migraine headaches, and acquired psychiatric disability due to potential issues with medical opinions and development of evidence. The TDIU claim is also remanded as it is intertwined with the service connection claims.

The Veteran's claim for a higher disability rating for his service-connected degenerative disc disease, status post laminectomy, is denied as he does not meet the criteria for a higher rating under any applicable diagnostic code.

The Board has granted service connection for arthritis ankylosing spondylitis of the lumbar spine and left hip osteoarthritis, finding that these conditions are at least as likely as not related to service. The decision also remanded several other issues.

The Veteran's claim for an increased evaluation of his service-connected low back disability was denied as the evidence did not support a higher rating due to lack of unfavorable ankylosis of the spine.

The Veteran's claim for service connection for membranous nephropathy, GERD, and increased ratings for various knee conditions as well as a TDIU was granted. The effective date for the award of service connection for membranous nephropathy is set at March 21, 2008.

The Veteran's claim for service connection for migraine headaches has been reopened, but the remand order requires additional development to address whether his migraines are related to service or aggravated by other conditions. The Veteran's cervical spine disability is also being remanded for further examination and opinion regarding its severity.

The Board has decided that the Veteran's lumbar spine disability requires a VA examination to determine if he needs regular aid and attendance.

The Veteran's lumbar spine disability is currently rated at 20 percent effective January 5, 2018. The Board has remanded the issues of initial rating prior to January 5, 2018 and a higher rating from that date.

The Veteran's claim for TDIU prior to July 25, 2016 was denied as he was not unemployable during that period.

The Board has decided that the Veteran's lumbar spine disability is not service-connected, and a remand is required to obtain additional medical records and conduct further examination.

The Board has remanded the Veteran's claims for an increased rating for a low back disability and TDIU due to service-connected low back disability, as additional development is necessary.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including obtaining medical records from private providers and VA facilities. The TDIU claim is also being remanded as it pertains to a period of time still at issue.

The Veteran's appeal seeking earlier effective dates for the awards of service connection for degenerative joint disease of the lumbar spine with intervertebral disc syndrome, right lower extremity radiculopathy, erectile dysfunction, and SMC based on loss of use of a creative organ has been dismissed.,The Veteran's appeal seeking an initial compensable rating for erectile dysfunction has been dismissed.,The Veteran's appeal seeking an initial rating in excess of 30 percent for irritable bowel syndrome with pancreatitis has been dismissed.,The Veteran’s appeal seeking service connection for left lower extremity radiculopathy is remanded.,The Veteran’s appeals seeking increased ratings for right lower extremity radiculopathy and a back disability are remanded.

The Board denied the Veteran's claims of service connection for various conditions, including respiratory disorder (to include asthma), left wrist disability, left hand disability, lumbar spine disability, left hip disability, right hip disability, left knee disability, and right knee disability. The Board found that there was no evidence to support these claims.

The Board has restored the original rating of 30 percent for service-connected tension headaches, effective May 19, 2016. The claims for increased ratings for back disability and right great toe disability are remanded.

The Board denied service connection for a lumbar spine disorder, finding that the Veteran's current condition was not incurred in or aggravated by his military service.

The Veteran's disability ratings for Right Shoulder Strain and Left Shoulder Strain were restored to 10 percent, effective May 11, 2012. The Veteran's PTSD was granted a TDIU (Total Disability Rating Based on Individual Unemployability).

The Board has remanded the Veteran's claims for service connection for lumbar stenosis with DDD and bilateral hip and knee conditions, including as secondary to lumbar stenosis. The claims must be remanded to update the electronic file and get an addendum opinion upon receipt of all of the Veteran’s treatment records.

The Board has reopened the Veteran's claims for neck and back disabilities due to new evidence received since their previous denial. The claims are now remanded for further development, including a VA examination.

The Board denied service connection for respiratory disorders, eye disability, and back disabilities. The claim for bilateral foot neuropathy is remanded.