Back / lumbar spine decisions — 2019

The Board has denied service connection for a back disability (degenerative changes of the thoracolumbar spine) as it is not shown to be causally or etiologically related to any disease, injury, or incident during service. The Board also found that the back disability was not caused or aggravated by the service-connected left knee disability.

The Board has granted separate 10 percent ratings for the Veteran's right knee disability, but denied service connection for a low back disability as secondary to his service-connected right knee disability. The case is remanded for further examination and opinion regarding the low back disability.

The petition to reopen the previously denied claims for cervical spine, left shoulder, lumbar spine, right ankle, and left ankle disabilities were all denied. The petition to reopen the claim of service connection for allergic rhinitis was also denied.,The petition to reopen the previously denied claim of obesity secondary to service-connected hypertension was granted.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The Board has remanded both his lumbar spine disability and PTSD claims for further development, including VA examinations.

The Veteran's claim of service connection for a back disability has been reopened, and the case is remanded for further development. The same applies to his right hip disability claim.

The Board has determined that the Veteran's diabetes mellitus does not warrant a rating in excess of 20 percent as it only requires restricted diet and one or more daily injection of insulin, which is consistent with a 20 percent disability rating under VA regulations.

The Board has remanded the Veteran's claims for additional development due to issues with range of motion assessments for his lumbar spine and left knee disabilities.

The Veteran's left ankle disorder is granted service connection.,The non-congenital lumbar spine disorders, including chronic lumbar sprain, degenerative disc disease, and lumbar spinal stenosis, are granted service connection. The radiculopathy of the bilateral lower extremities is also granted service connection.,Bertolli’s syndrome (a congenital lumbar spine disorder) is not addressed as it requires further clarification regarding whether it is a defect or a disease.

The Board has decided to remand the cases for further development and examination, including obtaining updated VA treatment records and scheduling a VA examination. The issues of rating higher than 40 percent for low back disability and TDIU are also being remanded.

The Board dismissed all appeals as they are related to a deceased Veteran.

The Board has directed that the Veteran be provided with new examinations to assess his lumbar degenerative disc disease and right knee instability. The agency of original jurisdiction must now document their consideration as to whether these issues should be referred for extraschedular ratings.

The Veteran's back brace issued by VA for her service-connected lumbar spine disability causes wear and tear to her clothing, warranting a clothing allowance for the 2015 calendar year.

The Veteran's asthma with OSA has been granted a 60 percent rating, effective from November 16, 2012. The other issues have been remanded for further review.

The Veteran's depressive disorder is granted as secondary to service-connected disability. The Board has remanded for further action on issues including service connection and rating for other conditions.

The Board has found that additional development is needed for the Veteran's claims, including new VA examinations and obtaining more recent VA treatment records. The claims are being remanded to allow for this.

The Board denied service connection for a low back disorder, finding that the Veteran's current condition is not related to his military service and is more likely due to post-service accidents.

The Veteran's right and left knee disabilities are now service connected. The Board has also determined that the Veteran's back and right hip disorders may be related to his service-connected bilateral knee disabilities, but further examination is needed to confirm this.

The Board has decided to remand the case due to insufficient evidence regarding the appellant's low back disorder, including a lack of service treatment records and private medical records. The appellant needs to provide updated VA treatment records and undergo a VA examination to determine if his current low back disorders are related to his military service.

The Board has determined that the Veteran's acquired psychiatric disorder, including bipolar disorder, is not service-connected due to a finding of willful misconduct.,The Veteran’s back disability and COPD are remanded for further development.

The Board has remanded the case for further development, including obtaining a VA examination and medical opinions to determine if hip and back disorders are related to service-connected bilateral knee DJD. The Veteran's claims for secondary service connection remain pending.