Back / lumbar spine decisions — 2019

The Veteran's claims for service connection for left knee, right knee, and low back disorders have been granted. However, the conditions were not incurred in or aggravated by service.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's back condition is related to his active service, including a fall in January 1963.

The Veteran's claim for service connection for a bilateral knee disability has been reopened. The claims for increased ratings of the lumbar spine, left and right lower extremity radiculopathy, and depressive disorder have all been granted.

The Veteran withdrew his appeals for higher ratings in excess of 10 percent for peripheral neuropathy, left lower extremity; ratings in excess of 10 percent for peripheral neuropathy, right lower extremity prior to March 21, 2017 and in excess of 20 percent thereafter; and a rating in excess of 20 percent for degenerative joint disease of the thoracolumbar spine.

The Board denied the Veteran's claims for service connection for right lower extremity radiculopathy and an initial rating in excess of 10 percent for adjustment disorder. The claim for a higher rating for lumbar spine disability was granted with a 40 percent rating, but no higher.

The Veteran's service-connected lumbar strain with IVDS and DDD, sciatica of the left lower extremity, and sciatica of the right lower extremity ratings have been restored to their previous levels.

The Board has decided to remand the Veteran's claims for service connection due to incomplete STRs and inadequate VA examination. The Veteran needs a new VA examination to determine if his spine disability and right foot disability are related to in-service injuries or diseases.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's diagnosed cervical and lumbar spine disabilities, as the previous VA examinations were inadequate in addressing all documented complaints of spine symptomatology during service.

The Veteran's petition to reopen claims for cervical spine disorder, headache disorder, low back disorder, left knee disorder, hypertension, gastrointestinal disorder (IBS), lower left extremity neuropathy, and upper left extremity neuropathy have been granted. Service connection is now established for these conditions.

The Board denied the Veteran's claims for service connection for a low back disability and entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities. The Board found that there was no evidence linking the Veteran's current low back disability to his military service.

The Veteran's service connection claims for various disabilities, including residuals of a broken left fifth finger, low back disability, bilateral hip disabilities, radiculopathy of the lower extremities, and psychiatric disability are all granted. The effective date is not specified.

The Veteran's current lumbar degenerative disc disease with spondylosis is not related to his service, and the Board finds that it was not incurred or aggravated by service.

The Board has decided to remand the case for further development and an examination, but has not yet made a final decision on whether service connection should be granted.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include lower back condition, eye condition, chronic respiratory condition (including sinusitis), residuals of treatment for positive IPPD, and lymphoma.

The Veteran's appeals for increased ratings for lumbar traumatic arthritis and left knee reconstruction have been dismissed due to withdrawal.,The Veteran's appeal for an effective date prior to September 17, 2013 for PTSD has been remanded as the Board cannot adjudicate it without first determining if there was clear and unmistakable error in a previous rating decision assigning that effective date.,The Veteran's appeal for an effective date prior to July 12, 1999 for migraine headaches and hemiplegic migraines has also been remanded as the Board cannot adjudicate it without first determining if there was clear and unmistakable error in a previous rating decision assigning that effective date.

The Veteran's claims for service connection for left lower extremity radiculopathy, right lower extremity radiculopathy, and ankylosing spondylitis have been dismissed.,The Veteran's previously denied claims of service connection for cervical spine disability (to include as secondary to service-connected ankylosing spondylitis), left upper extremity radiculopathy (to include as secondary to service-connected ankylosing spondylitis), and right upper extremity radiculopathy (to include as secondary to service-connected ankylosing spondylitis) have been reopened.,The Veteran's claim of service connection for multiple myeloma has been remanded.

The Veteran's right eye disability, cervical spine spondylosis, and degenerative disc disease of the lumbar spine (L3-4) were not found to be service-connected or warrant increased ratings.

The Veteran's claims for a higher rating for her nonmalignant right peri-hilar mass and service connection for lumbar spondylosis are being remanded due to the need for additional medical records and examination.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lumbar spine disability, including his in-service back complaints and post-service injuries. The AOJ is instructed to obtain all relevant records and provide the Veteran with a new VA examination.

The Veteran's low back disorder did not require doctor-prescribed bed rest and did not result in unfavorable ankylosis of the thoracolumbar spine, thus preventing a higher rating.