Back / lumbar spine decisions — 2019

The Veteran's claim for a higher rating for post-operative residuals of a lumbar laminectomy and discectomy from April 5, 2016 was denied as the evidence did not show unfavorable ankylosis or incapacitating episodes.,The Veteran's claim for a higher rating for left lower extremity radiculopathy associated with status post lumbar laminectomy and discectomy from June 1, 2012 was also denied because the disability did not meet the criteria for moderately severe incomplete paralysis of the sciatic nerve.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Board denied service connection for low back disability, neurogenic bowel, and neurogenic bladder as the evidence did not establish a link between these conditions and active duty service.

The Board has remanded the Veteran's claims for service connection for low back disorder, right ankle tendonitis, left ankle tendonitis, and bilateral pes planus and plantar fasciitis due to potential inconsistencies in his medical records. The RO is instructed to obtain any missing treatment records from chiropractors and emergency departments where he sought treatment prior to 1992.

The Veteran's claim for specially adapted housing or special home adaptation was remanded due to the lack of loss of use in either lower extremity. The effective date for increased rating Crohn's disease remains January 15, 2008.

The Veteran's claims for higher initial ratings for his lumbar spine and left shoulder disabilities are being remanded due to procedural issues. The VA is instructed to issue a Statement of the Case (SOC) regarding the left shoulder disability, and the Veteran must submit a VA Form 9 within 60 days if he wishes to appeal this decision.

The Board denied service connection for a lower back condition and bilateral hearing loss, finding that the preponderance of evidence did not support these claims.

The Veteran's appeals for higher ratings on his low back disability and associated lower extremity neuropathy, as well as a claim for Total Disability Based on Individual Unemployability (TDIU) prior to June 19, 2017, have been dismissed due to the appellant requesting withdrawal of these claims.

The Veteran's claims for increased ratings for right knee and lumbar spine disabilities are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has remanded the Veteran's claims for service connection due to incomplete records and inadequate opinions regarding secondary service connection. The case will be returned to the RO for further development.

The Board has decided to remand the cases for further development and examination due to the lack of recent VA examinations for the Veteran's service-connected conditions.

The Veteran's PTSD is rated at 70 percent effective December 13, 2007. The other issues remain remanded.

The Veteran's claim for a higher disability rating for his service-connected lumbar strain is being remanded due to the need for a new VA examination.

The Board has decided to remand the Veteran's claim of service connection for a lumbar spine disability due to insufficient consideration of the Veteran's lay statements regarding continuous symptomatology since discharge from service. The case is sent back for further examination and opinion.

The Board has granted service connection for tinnitus, but has remanded the issues of service connection for back disability, rhinitis (claimed as hay fever), hemorrhoids, residuals of a cervix surgery, and bilateral foot disability.

The Board has remanded the case due to insufficient medical evidence and the need for a VA examination to determine if the Veteran's low back disability, including spinal stenosis, is related to his active duty service.

The Veteran's petition to reopen his claim for service connection of a right ankle disability was granted. However, the Board denied the claim on the merits as there is no evidence of a current diagnosed right ankle disability.

The Veteran's major depressive disorder is granted a disability rating of 70 percent, effective for the entire claim period.

The Board has remanded the case for additional development due to inadequate examination reports and missing records. The Veteran's claims for increased ratings for his low back disability and bilateral lower extremity radiculopathy, as well as a TDIU claim, are now pending.

The Board has denied the Veteran's claims for service connection for lumbar spine disorder, cervical spine disorder, generalized arthritis, bilateral peripheral neuropathy as secondary to cervical spine disorder, and bladder disorder as secondary to lumbar spine disorder due to lack of evidence showing a nexus between these conditions and active service.