Back / lumbar spine decisions — 2019

The Board has dismissed the appeal on the increased rating claim for lumbar spine disability. The Veteran's asthma and candida esophagitis with gastritis are both rated at 10 percent, but his migraine headaches do not meet the criteria for a compensable rating.

The Veteran's claims for service connection are remanded due to incomplete service treatment records and the need for further medical opinion regarding his exposure to hazardous waste chemicals.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's back disability and the need for additional VA treatment records. The Veteran is also asked to provide authorization for private treatment records from Dr. Sanford.

The Veteran's claim for TDIU is granted due to his service-connected disabilities. The cervical spine issue and the lumbar spine rating in excess of 40 percent are remanded.

The Veteran's claim for an increased disability rating in excess of 20 percent for his lumbar spine condition with intervertebral disc syndrome is remanded due to the need for additional development, including a new VA examination.

The Board has remanded the Veteran's claims of service connection for left and right knee conditions, as well as a low back condition. The issues are related to whether these conditions are directly related to his military service.

The Board has remanded several issues related to the Veteran's back, neck, and extremity disabilities. The claims for fibromyalgia, cervical strain, spondylolisthesis of the lumbar spine with scoliosis, radiculopathy of the lower extremities, shoulder disabilities, and hip disabilities are all being reviewed due to incomplete medical records from her service at Grand Forks Air Force Base in North Dakota. The Veteran's claims for increased ratings for cervical strain and spondylolisthesis of the lumbar spine with scoliosis also require further examination as per Correia v. McDonald, 28 Vet. App. 158 (2016).

The Veteran withdrew his appeals for PTSD with major depression and herniated disc of the lumbar spine, so these issues are dismissed.

The Veteran's claim for residuals of a traumatic brain injury was denied. The rating for lumbar spine disability before September 16, 2016 and in excess of 20 percent thereafter, as well as the rating for left knee disability between June 4, 2015 and September 16, 2016 were also denied.

The Veteran is granted a total disability evaluation based on individual unemployability (TDIU) effective March 17, 2017 due to service-connected disabilities.

The Board has granted service connection for a right knee disability, but denied service connection for a back disability. The right knee disability is considered to have begun during active service and the Veteran's current diagnosis of lumbosacral strain with degenerative arthritis does not meet the criteria for service connection.

The Board has denied the Veteran's claim for service connection for a lower back disability, finding that there is no evidence of its onset during or related to her military service.

The Board found that the Veteran's low back condition did not preexist service and was not aggravated by service. The VA examiner concluded that there is no objective evidence to confirm diagnoses of scoliosis, kyphosis, or lordosis in the record, and thus the current low back condition is less likely related to service.

The Board has remanded the Veteran's claims for service connection for a back disorder and bilateral knee disorder due to incomplete opinions in the VA examinations.

The Veteran's claims for ED, BHL, tinnitus, OSA, and depression are reopened. The Board has remanded several issues including increased ratings and effective dates. Service connection is granted for OSA but denied for BHL and tinnitus. Depression is service connected.

The Board has remanded both issues for further review due to new evidence received after the September 2018 Supplemental Statement of the Case.

The Board denied service connection for various conditions, including rheumatoid arthritis, fibromyalgia, achilles tendonitis, left shoulder disability, right shoulder disability, low back disability, pes planus, bilateral hearing loss, sleep apnea, edema of the lower extremities, residuals of a head injury, migraine headaches, carpal tunnel syndrome, sciatica of the left leg, and psychiatric disorder manifested by a head injury, all related to Reserve service. The Board found that there was no evidence of disease or injury incurred in or aggravated during ACDUTRA or INACDUTRA.

The Board has granted service connection for the Veteran's lumbar spine degenerative arthritis, finding that his current condition is related to an in-service injury and resolving reasonable doubt in his favor.

The Board has decided to remand the case due to lack of substantial compliance with previous remands. The Veteran's claims file must be provided to a clinician for an additional VA opinion regarding whether the series of epidural injections caused or aggravated their lumbar spine disorder.

The Board has granted service connection for a left shoulder disability and denied service connection for bilateral hearing loss, back, and knee disabilities.