Back / lumbar spine decisions — 2019

The Board has determined that the Veteran's lumbar and cervical spine disabilities did not occur during service, and there is no evidence linking these conditions to his military service. The post-service medical records indicate that his current back and neck problems are related to work-related injuries.

The Veteran's unauthorized medical expenses incurred at MPNBH on October 29, 2015 were denied as the condition was not of such a nature that delay in seeking immediate medical attention would have been hazardous to life or health and VA facilities were feasibly available to treat his condition.

The Board has decided that the Veteran's lumbar degenerative disc disease and associated radiculopathy require further examination to determine their current severity, as well as his total disability rating based on individual unemployability due to service-connected disabilities. The issues are being remanded for these purposes.

The Veteran's initial claim for a higher rating for his degenerative disc disease of the thoracolumbar spine was denied as his condition did not meet the criteria for an increased evaluation beyond 10 percent prior to December 6, 2016 and 20 percent thereafter.

The Veteran's claim for a higher rating for persistent depressive disorder was denied. The effective date of the 70 percent rating for persistent depressive disorder was set at September 12, 2016. The previously denied claims for service connection were reopened.

The Board has remanded the Veteran's claims for service connection for a back disability and TDIU due to insufficient opinions in previous examinations and lack of evidence regarding marginal employment.

The Veteran's service-connected conditions, including major depressive disorder, low back disability, and bilateral lower extremity radiculopathy, have rendered him in need of regular aid and attendance due to his inability to perform daily activities and the hazards associated with his environment.

The Board has remanded the case for a VA examination to determine if the Veteran's PTSD and low back disability are related to his military service. The claim of service connection for acquired psychiatric disorder (PTSD) is reopened, but the low back disability remains denied.

The Board has determined that the Veteran's claims for increased ratings are remanded due to incomplete medical records and the need for additional examinations.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and an increased evaluation for his left knee disability. The Board found that there was no evidence to support a finding of direct service connection, and that the current evaluations were appropriate given the Veteran's symptoms.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's current back disabilities are related to his service-connected costochondritis of the right ribs.

The Board has decided to remand the Veteran's claims of service connection for left shoulder condition, right shoulder condition, back condition, right hip condition, and left hip condition due to lack of verification of his periods of active duty for training and inactive duty training in the U.S. Army Reserve from March 1973 to 1989, and because he has not provided VA with records of treatment by physicians J.I., M.D., and D.N.

The Veteran's low back disability, characterized by muscle spasms and scoliosis, has been rated at 20 percent since April 20, 2014.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of a chronic low back disorder due to his service and that the negative opinions from VA medical experts supported this conclusion.

The Veteran withdrew his appeals regarding the right shoulder strain, duodenal ulcer with duodenitis and erosive gastritis, lumbosacral strain with intervertebral disc syndrome, and chronic left shoulder disability claims before the Board could make a decision.

The Veteran's claim for service connection was reopened, but the reduction in his major depressive disorder rating from 70% to 50% is not upheld. The right knee disability and sleep apnea claims are still pending.

The Board has remanded the Veteran's claims for initial ratings in excess of 10 percent for his service-connected lower back disability and right knee strain due to new examinations being necessary as he indicated a worsening of symptoms.

The Veteran's claims for service connection have been granted, with effective dates ranging from July 15, 2014. The conditions are secondary to his service-connected bilateral feet disabilities.

The Board has dismissed all issues related to the veteran's claims as the appellant requested withdrawal of the appeal prior to a decision being made.

The Board has determined that the Veteran's low back disorder is related to his in-service motor vehicle accident, and thus grants service connection for this condition.