Back / lumbar spine decisions — 2019

The Veteran's back disability, left lower extremity radiculopathy, and other conditions have been granted service connection. The right knee disorder and gout are also granted. However, the Veteran does not meet criteria for service connection for plantar fasciitis, liver disorder (including hepatic steatosis), or right lower extremity radiculopathy.

The Veteran's hernia disability is granted as service connected. The back disability and PTSD are denied.

The Veteran's claims for earlier effective dates with respect to his evaluation for tinnitus and hearing loss have been dismissed as a matter of law. The Board has also remanded several issues related to increased evaluations and earlier effective dates for various disabilities.

The Board has dismissed the appeal of the claim for residuals of a stroke. The claims for an increased rating for cervical spine disability and TDIU due to service-connected disabilities are remanded.

The Board has remanded the case due to insufficient evidence regarding the Veteran's neurogenic bladder condition. The lumbar spine condition is denied as there is no nexus between service and current disability.

The Board has remanded the claims for service connection due to inadequate opinions from a VA examiner in August 2018. The claims will be reviewed with additional development and an addendum opinion provided by another medical professional.

The Veteran's PTSD, lumbar spondylosis with radiculopathy of the right sciatic nerve, and bilateral hearing loss are all being remanded for further evaluation.

The Board has remanded the Veteran's claims for service connection and rating of her left hip disability, right foot conditions, and lumbosacral strain due to new evidence indicating a possible association between these conditions.

The Veteran's claims for service connection for postoperative residuals of a right tibiofibular fracture, right hip disability, back disability, and sciatica of both lower extremities have been denied. The Board found that the evidence does not support the Veteran’s allegations regarding his injuries resulting from the 2005 motor vehicle accident.,The preponderance of the evidence is against finding that the disabilities are secondary to service-connected varicose veins pathology.

The Board has determined that the Veteran's low back disability did not manifest during service, is not shown to have manifested within one year from his separation from active service, and the weight of evidence is against a finding that it is related to his in-service injury. Therefore, the claim for service connection for the low back disability is denied.

The Veteran's service connection claims for DDD and DJD of the lumbar spine, obstructive sleep apnea, left RLS, and right RLS have been granted. A 40% rating has been assigned for both left and right RLS.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's lumbar spine and mandible disabilities, as records from private providers have not been associated with her file. The case is being remanded for further action.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and new evidence. The issues include psychiatric disorders, migraine headaches, right knee disorder, low back disorder, and obstructive sleep apnea.

The Board has determined that a VA examination is required for the Veteran's left knee disability and cervical spine disability, as well as an appropriate VA examination to determine the nature and etiology of any current right knee disability. The issues of service connection for left knee disability, increased rating for right knee condition, and higher evaluation for degenerative joint and disc disease, thoracolumbar spine with IVDS are being remanded.

The Board has determined that the Veteran's back disability is service-connected, as it likely began during his military service and there is no evidence of pre-service onset.

The Board has determined that the Veteran's back pain with limited motion is related to his active service and grants service connection for this condition.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a need for further examination. The claims include his lumbar spine disability, which he contends is related to an in-service injury during basic training, as well as his erectile dysfunction.

The Veteran's service-connected lumbar spine disability, right lower sciatic nerve radiculopathy, and right lower femoral nerve radiculopathy were considered for a temporary total rating under 38 C.F.R. § 4.30 beyond April 1, 2017.,SMC at the housebound rate was denied as she did not meet the criteria of being permanently housebound due to service-connected disabilities.

The Board has remanded the Veteran's claims for service connection of various conditions, including a low back disorder, left and right knee disorders, sleep disorder, and psychiatric disorder. The claims are being reviewed due to the need for additional medical examinations and opinions.

The Veteran's claims for service connection of various conditions have been denied. The claim for tinnitus was granted with a 10% rating, but the effective date is prior to July 18, 2016.,Other claims for service connection or increased ratings were either not reopened due to lack of new and material evidence or denied outright.