Back / lumbar spine decisions — 2019

The Board has remanded the claims for right and left knee disorders, right and left foot disorders, and a stomach disorder due to inadequate VA medical opinions.,The Veteran's lay statements regarding her pain during service have not been considered in the VA medical opinions.

The Veteran's lumbosacral strain with degenerative arthritis of the spine is currently rated at 40 percent from December 12, 2018. Prior to April 8, 2013, he was rated at 10 percent.,From April 8, 2013, his lumbosacral strain with degenerative arthritis of the spine is rated at 40 percent.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include bipolar disorder, lumbar degenerative disc disease with intervertebral disc disease, and radiculopathy. The Board has granted entitlement to SMC based on the need for regular aid and attendance.

The Veteran's claim for an effective date prior to February 14, 2016 for the grant of service connection for chronic lumbosacral strain is denied. The case is remanded for further evaluation.

The Board has dismissed the appeals for service connection of degenerative arthritis of the lumbar spine and an acquired psychiatric disability (including posttraumatic stress disorder, anxiety, and depression) due to the Veteran's death.

The Board has remanded the Veteran's claims for left and right knee pain/stiffness, as well as his back disability (scoliosis), due to insufficient medical opinions regarding their etiology. The claims are being returned for further development.

The Board has remanded the case due to the need for additional development, including obtaining medical records and conducting further exposure assessments. The Veteran's service connection claims are pending.

The reduction of the rating for peripheral neuropathy of the right lower extremity from 10 percent to noncompensable was proper due to a finding of clear and unmistakable error (CUE) in the June 29, 2009 rating decision. The appropriate procedural steps were followed.

The Board has remanded the Veteran's claims for low back and right shoulder disabilities due to insufficient evidence regarding their etiology. The Veteran is asked to provide additional medical records, including chiropractic treatment records, and a VA examiner will determine if his current conditions are related to service.

The Board has remanded the Veteran's claims for service connection for a low back disability and an acquired psychiatric disability (including depression and anxiety) due to insufficient medical opinions regarding their etiology. The Veteran is required to undergo VA examinations to determine if his current disabilities are related to his military service.

The Board has determined that the Veteran's lumbar DDD is etiologically related to service and grants her claim for service connection.

The Board denied service connection for low back and cervical spine disorders, finding that the current conditions are not causally related to service.

The Board has dismissed the appeals for service connection for psychiatric disability and increased ratings for left and right total knee replacements, left knee instability, and right knee subluxation. The cervical spine and thoracolumbar spine disabilities are remanded.

The Veteran's claims for PTSD and an acquired psychiatric disorder other than PTSD, to include anxiety and depression, are denied as there is no credible evidence of in-service stressors or a nexus between current diagnoses and service.,The Veteran's claims for low back disorder, left knee disorder, and residuals of a left leg injury are remanded for further development.

The Veteran's service-connected back and right knee disabilities have worsened, and he should be scheduled for a VA examination to determine the current severity of his conditions.

The Board has denied a higher rating for the Veteran's lumbar spine disability from January 11, 2013 to April 27, 2015 and granted a 40 percent disability rating for the period from April 27, 2015 to July 18, 2016. The claim is being remanded due to an issue with the July 18, 2016 rating determination.

The Board has dismissed the appeal of the issue regarding a low back disorder. The claim for service connection for cervical spine DDD, status post-operative, is denied as there is no evidence that it began during active service or is otherwise related to an in-service injury or disease.

The Veteran's low back disability is rated at 20 percent from May 13, 2008. The Board found that the condition more closely approximated forward flexion greater than 30 degrees but not greater than 60 degrees, warranting a 20 percent rating. However, ankylosis was not present, thus preventing a higher rating.

The Board has remanded the claims for low back strain, DJD of the cervical spine, and tingling/numbness of the left arm due to service connection issues. The Veteran's medical records need to be updated, and a VA examination is required to determine if there is a causal relationship between his conditions and his military service.

The Veteran's claims for service connection for various conditions, including peripheral neuropathy and lung disability, have been denied as the evidence does not support a finding of in-service onset or continuity of symptoms.,Service connection is only granted if there is medical evidence linking the current condition to an injury or disease incurred during active duty. The Veteran's claims are based on presumed exposure to Agent Orange (AO) herbicides, but the Board found no direct link between any claimed conditions and service.