Back / lumbar spine decisions — 2019

The Board has restored a 20 percent disability rating for degenerative arthritis of the lumbar spine, effective October 19, 2017, finding that the reduction was improper due to an inadequate examination and insufficient evidence of sustained improvement in the Veteran's condition.

The Board denied service connection for the Veteran's claimed bilateral foot, right knee, neck, and back disabilities as there was no evidence of a current disability that was incurred in or due to his time in service.

The Board denied service connection for a back disability and an initial rating in excess of 50 percent for bilateral hearing loss. The Veteran's claim for TDIU was also denied as his disabilities did not render him unemployable during the appeal period.

The Board has determined that a VA examination is needed to determine the nature and likely etiology of the Veteran's claimed back disability and joint pain, as these conditions may be related to his service.

The Veteran's claim for service connection for a back disorder is being remanded due to the need for an opinion regarding whether his current back disorder is caused or aggravated by his service-connected disabilities, including arthritis of the bilateral knees and hips.,Service connection has been granted for PTSD.

The Veteran's claim for an increased rating for his service-connected cervical spine degenerative disc disease is being remanded due to a pre-decisional error in considering the impact of his lumbar spine medications on his cervical spine symptoms.

The Board has remanded the Veteran's claims of service connection for a low back disability, migraine headache disorder, and an acquired psychiatric disorder due to incomplete records from her National Guard service. The Veteran is seeking service connection for these conditions on a direct basis.

The Board has denied the Veteran's claim for service connection for sleep apnea and remanded his claims for increased ratings for lumbar sprain with degenerative disc disease. The decision on the sleep apnea claim is final.

The Veteran's low back strain has not manifested to the extent that would warrant a rating in excess of 20 percent, as his forward flexion is limited to 60 degrees during flare-ups. The criteria for IVDS were also not met.

The Board denied service connection for thoracolumbar spine disorder, diabetes mellitus (DM), residuals of cerebral vascular accident (CVA) with carotid artery surgery, residuals of gunshot wound (GSW) to the leg, and tinnitus as they were not shown in service or related to service.

The Veteran's service-connected lumbosacral strain disability is currently rated at 40 percent from June 12, 2018. The Board finds that a higher rating is not warranted for this period.

The Board has decided to remand the case due to the need for additional development, including obtaining VA treatment records and scheduling an examination.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for lumbar spine disability. The case is remanded for further development, including obtaining additional medical records and scheduling a VA examination.

The Board denied the Veteran's claim for service connection of a low back disability, finding no credible evidence of an in-service injury and insufficient medical evidence linking his current condition to service.

The Board denied an earlier effective date for the grant of service connection for lumbosacral strain, finding that no new and material evidence was submitted prior to October 4, 2014.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine conditions, as well as neurogenic bladder. The case must be returned to the AOJ for further development.

The Board dismissed the Veteran's petitions to reopen previously denied claims for various conditions, as he did not timely file a substantive appeal within the required time frame.

The Veteran's lumbar disability is granted an initial rating of 20 percent, effective October 11, 2007. The earlier effective dates for service connection are denied.

The Board has granted service connection for headaches, neck disability, and low back disability. Service connection is also remanded for right clavicle tumor, obstructive sleep apnea (OSA), and chronic fatigue syndrome.