Back / lumbar spine decisions — 2019

The Board denied the Veteran's request to reopen his claim for service connection of a low back disability, finding that the new evidence submitted was not material and did not raise a reasonable possibility of substantiating the claim.

The Board has remanded the claim for service connection of an acquired psychiatric disorder, as claimed as PTSD and depression. Additional information is needed to determine if the Veteran's current diagnoses are at least as likely as not related to his in-service stressors.,The claims for increased ratings for right and left knee degenerative arthritis remain pending.

The Board has determined that the Veteran's previously denied claims for service connection of a heart condition, lumbar spine condition, hearing loss, and tinnitus have been reopened. The cases are now remanded due to insufficient evidence.

The Veteran's TDIU claim is remanded for referral to the Director of Compensation Service for consideration under 38 C.F.R. § 4.16(b).

The Veteran's low back disability, specifically thoracolumbar strain, is currently rated at 20 percent and the Board finds that it does not meet the criteria for a higher rating.

The Board has determined that the Veteran's degenerative disease of the lumbar spine is at least as likely as not incurred during service, and thus grants service connection for this condition.

The Veteran's death was not due to any service-connected condition, and thus the appellant is denied accrued benefits.

The Board has granted service connection for a bilateral ankle disability. The right shoulder and low back disabilities are remanded for further examination and opinion.

The Veteran's service-connected disabilities, including lower back pain and bilateral foot conditions, have rendered him unemployable from August 12, 2016 to May 1, 2017. The Board granted a TDIU rating during this period.

The Veteran's major depressive disorder is granted as secondary to his service-connected lumbosacral strain and disc disease, status post-surgery. The appeal for a higher rating for the lumbosacral strain and disc disease remains pending.

The Veteran's death was due to myocardial infarction, which the VA opinion found less likely than not caused by his service-connected back disability. The claim is remanded for a new VA opinion and to obtain outstanding VA treatment records.

The Veteran's appeal includes multiple issues related to service connection and disability ratings for various conditions. The Board has determined that further development is necessary in order to make a determination on these claims.

The Veteran's left elbow disability is not service-connected due to lack of evidence showing it was incurred during active duty.,The Veteran's lumbar spine disability is not service-connected as there is no evidence of a chronic condition in service or continuity of symptoms post-service.,The Veteran's left leg disability (tingling and numbness) is not service-connected because the radicular symptoms are not linked to any service-connected condition.,The Veteran's left ankle disability is not service-connected due to lack of evidence showing it was incurred during active duty.

The Board has decided to remand the Veteran's claim for service connection of a low back disability due to insufficient evidence regarding its etiology. The case is sent back for further development and an examination.

The Board has remanded the claim for a retrospective opinion regarding the impact of the Veteran's service-connected disabilities prior to May 24, 2013. The claim is also remanded due to outstanding VA Vocational Rehabilitation records that have not been considered.

The Veteran's service-connected disabilities have never prevented him from obtaining or maintaining a substantially gainful occupation, despite affecting his ability to work in various capacities.

The Veteran's service connection claims for low back, left ankle, and bilateral hand conditions are denied as there is no evidence linking these conditions to his military service.

The Board has decided to remand the case due to missing service treatment records and the need for a VA examination to determine if the Veteran's back disability is related to his military service.

The appeals for service connection for back disability, bilateral lower extremity peripheral neuropathy, and bilateral lower extremity radiculopathy are dismissed. The appeals for service connection for left upper extremity peripheral neuropathy and right upper extremity peripheral neuropathy are remanded.

The Board denied the Veteran's claim for service connection of a lumbar spine disability, finding that there was no evidence to support a link between his in-service injury and current symptoms.