Back / lumbar spine decisions — 2019

The Board has remanded the claims for bilateral hearing loss, tinnitus, and a back condition due to new evidence submitted by the Veteran.

The Board has decided to remand the case due to new evidence that suggests the Veteran's back disability may have started before his separation from active duty, and a need for further examination.

The Board has remanded the claims for a low back disability due to incomplete evidence and to consider entitlement to a temporary total rating based on surgical treatment.

The Board has remanded the Veteran's claims due to procedural issues and the need for additional examinations.

The Board denied the Veteran's claims for service connection for a back disability, neck disability, and loss of function of the left leg. The Board found that there was no evidence linking these conditions to service or any presumptive exposure basis.

The Board has determined that additional development is needed to address the Veteran's claims for service connection of various musculoskeletal disabilities, including bilateral foot, right and left ankle, and low back conditions. The claims are being remanded for further examination and opinion.

The Veteran's petition to reopen his claim for service connection of a right shoulder condition was granted. His initial rating for radiculopathy, right lower extremity, was increased from 10% to 20%. The earlier effective dates for the grants of service connection for left lower extremity radiculopathy and mood disorder due to chronic pain with depressive features were granted. However, the earlier effective date for DDD thoracolumbar spine was denied.

The Board has remanded the cases for further development and examination due to insufficient evidence in some areas, particularly regarding lung condition and low back disability. The Veteran's claims of service connection for various conditions are not granted at this time.

The Veteran's back disability and associated left lower extremity radiculopathy are being remanded for further evaluation due to inadequate examination in the previous rating decision.

The Board has remanded the claims for high cholesterol, PTSD, left carpal tunnel syndrome, scar from cesarean sections, hysterectomy, left oophorectomy, tinnitus, pelvic pain after childbirth, right shoulder dislocation, rhinitis and sinusitis (claimed as allergies), bilateral plantar fasciitis, hypertension, eczema, lumbar spine arthritis, cervical spine arthritis, right carpal tunnel syndrome, and severe alopecia (claimed as cicatrical scarring alopecia) for additional development to verify service records.

The Board has decided service connection for obstructive sleep apnea is granted, but the lumbar spine disability issue requires further examination and opinion.

The Board has remanded multiple issues related to the Veteran's service-connected conditions, including Parkinson’s disease, an acquired psychiatric disorder (including PTSD and MDD), leukemia, COPD, AC joint arthritis of the left shoulder, urinary frequency, erectile dysfunction, sleep apnea, renal artery stenosis, peripheral neuropathy, cervical spine disability, hypertension, and lumbar spine disability. The Veteran is required to attend VA examinations for these issues.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, which does not meet the criteria for a higher rating under VA regulations.,The Veteran's service-connected chronic left and right knee strain (Chronic Left Knee Strain) is currently rated at 10 percent, which also does not meet the criteria for a higher rating under VA regulations.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is more likely than not related to his in-service injury lifting a generator. The claim was reopened due to new and material evidence provided by the Veteran.

The Board has reopened the Veteran's claim for service connection for a low back disability due to new and material evidence received since the November 2002 rating decision. However, the claim is remanded as further development is needed to determine if there is a relationship between the Veteran's in-service injury and his current low back disability.

The Board has decided to remand the case due to a February 2016 VA examination not being compliant with the Court's holding in Sharp v. Shulkin, and thus requiring a new examination.

The Board has remanded the Veteran's claims for increased ratings for bilateral knee conditions and back condition, service connection for skin cancer, and TDIU due to insufficient evidence or need for further examination.

The Board has granted service connection for DDD of the lumbar spine, bilateral radiculopathy of the lower extremities, and depression as secondary to service-connected disabilities. The appellant's OSA was also found to be secondary to his service-connected jaw disability.,A rating greater than 30 percent prior to May 3, 2017, and in excess of 40 percent thereafter for residuals of surgery for maloccluded jaws is denied.

The Veteran seeks effective dates earlier than September 6, 2013 for the grant of service connection for a back disability and radiculopathy of the left lower extremity. The Board denied these claims as there was no CUE in the May 1990 rating decision and the evidence did not support reopening the claims prior to September 6, 2013.,The Veteran also sought an effective date earlier than September 6, 2013 for service connection of radiculopathy of the left lower extremity. The Board denied this claim as there was no CUE in the May 1990 rating decision and the evidence did not support reopening the claims prior to September 6, 2013.

The Board has granted service connection for back, neck, left shoulder, right lower extremity, and left lower extremity disorders on a direct basis. The Veteran's current diagnoses of DJD (degenerative joint disease) of the thoracolumbar spine, cervical spine, bilateral hips, and shoulders are related to his active duty service.