Back / lumbar spine decisions — 2019

The Board has determined that the Veteran's lumbar spine degenerative disc disease is related to his service, and thus grants service connection for this condition.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's lower back condition and his service. The examiner is required to provide a rationale for their opinion.

The Board denied the Veteran's claim for service connection for a low back disability, finding that it is not related to his military service and was not caused or aggravated by any service-connected conditions.

The Board has remanded the Veteran's claims due to insufficient evidence regarding his exposure to asbestos and potential service connection for respiratory condition, as well as further development of his heart disease, DM II, HTN, gout, and chronic low back pain.

The Veteran's right ankle condition is currently rated at 10 percent, and the Board has remanded this issue for further development. The Veteran's thoracolumbar spine disability is now rated at 40 percent effective February 22, 2016.

The Board has remanded the case for a VA addendum opinion regarding whether the Veteran's right knee disability is at least as likely as not related to his period of ACDUTRA from June 2009 to September 2009 or his documented knee injury on June 13, 2013 during INACDUTRA.

The Veteran's lumbar degenerative disc disease, status post lumbar fusion and disc surgery is currently rated at 40 percent disabling beginning July 30, 2019. The Veteran's radiculopathy of right lower extremity was granted an increased rating to 20 percent effective June 17, 2019. The Veteran's radiculopathy of left lower extremity is rated at 20 percent effective June 17, 2019.

The Veteran's acquired psychiatric disorder, including anxiety, is granted as service connection.,Service connection for tinnitus is granted based on noise exposure during service.,Service connection for degenerative arthritis of the lumbar spine is denied due to lack of evidence linking it to service.

The Veteran's claim for an initial disability rating in excess of 10 percent for his service-connected herniated disc of the lumbar spine is being remanded due to a lack of recent VA examination and evidence of worsening symptoms.

The Veteran's cervical spine disability is rated at 40 percent, and the issues regarding left upper extremity radiculopathy associated with the cervical spine disability, lumbar spine disability, and left L5 radiculopathy are denied.

The Veteran's initial rating for right hand strain, status post fracture third and fourth fingers, remains at 10 percent. The Board found no evidence of a gap between the thumb pad and the fingers with the thumb attempting to oppose them.,Service connection was denied for lumbar spine disorder due to lack of in-service occurrence or chronicity since separation from service.

The Veteran's lumbar spine disability is rated at 20 percent, and his right and left lower extremity radiculopathy are each rated at 10 percent from March 1, 2012.

The Board has granted service connection for an upper back disability, a low back disability, and a right shoulder disability. The claims are remanded for further development regarding the increased rating claim for the right hand.

The Board has granted service connection for left hip arthritis, right hip arthritis, and degenerative disc disease of the thoracolumbar spine as secondary to service-connected bilateral knee and bilateral ankle disabilities.,A rating higher than 20 percent for the Veteran's left ankle disability is denied.

The Board has remanded the Veteran's claims for an initial evaluation in excess of 20 percent for service-connected lumbar spine disability and entitlement to a TDIU due to incomplete development, inadequate VA examinations, and other procedural issues. The claims are being returned to obtain additional medical records and provide further examination.

The Veteran's appeal for a higher rating for scalp scars was denied. The Board also remanded the issues of service connection for left shoulder disability and heart condition, to include trivial mitral regurgitation (MR), as well as an increased rating for lumbar strain.,Service connection for a left shoulder disability and heart condition are being remanded due to inadequate development.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's lumbar strain and her service-connected right knee condition.

The Veteran's claims for service connection and increased ratings were denied as he failed to report for VA examinations scheduled in conjunction with his claims.

The Board has remanded the Veteran's claims for increased ratings for his service-connected thoracolumbar strain and radiculopathy of the lower extremities due to incomplete examination records, lack of attempts to obtain private treatment records, and failure to address separate disability ratings prior to August 1, 2016.

The Board has remanded the claims for low back disability, sinusitis, allergic rhinitis, and migraine headaches due to their potential connection to service in the Gulf War theater of operations. The VA is required to provide a new examination to determine if these conditions are related to undiagnosed illness or medically unexplained chronic multi-symptom illnesses.