Back / lumbar spine decisions — 2019

The Board denied the Veteran's motion for reversal of the May 1, 2003 rating decision that granted service connection and assigned a combined 10 percent evaluation for lumbar spine spondylosis and bilateral knee osteoarthropathy and chondromalacia patella on the basis of clear and unmistakable error (CUE). The Board found no CUE in the May 2003 rating decision.

The Veteran's appeal for service connection of a low back condition is dismissed due to the Appeals Modernization Act (AMA) implementation. The Board’s previous decision and remand remain in effect.

The Board denied the Veteran's claims for service connection for gout and an initial rating in excess of 40 percent for his lumbar spine disability. The decision found that there was no evidence to support a finding of direct service connection for gout, and that the Veteran's lumbar spine disability met the criteria for a 40 percent rating based on limitation of motion.

The Board has remanded the TDIU claim due to its connection with the ongoing evaluation of the Veteran's lumbar spine disability. The TDIU claim will be reconsidered after the additional development regarding the lumbar spine disability is completed.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's low back disability and its relationship to service-connected disabilities.

The Board has remanded the case due to insufficient medical evidence to decide the claim of service connection for a back condition. The Veteran served in active duty from April 1983 to April 1987 and worked as an aircraft maintenance mechanic, which involved lifting heavy equipment. His private treatment records suggest that his Reserve service could have aggravated his back condition. There is also evidence indicating he had a pre-existing back condition that may have been aggravated by his active duty service.

The Veteran's thoracolumbar degenerative disc disease and rheumatoid arthritis are being remanded for further evaluation as the current medical opinions are inadequate.

Service connection is granted for degenerative changes of the lumbar spine, right hip disability, and left hip disability. Service connection is denied for headaches claimed as due to undiagnosed illness and an upper body rash (xerosis) claimed as due to undiagnosed illness.,The Veteran's current conditions are not related to service.

The Board has reopened the claims for service connection for low back disability, bilateral hearing loss, and tinnitus. However, it was determined that these conditions were not incurred or aggravated by active military service.

The Veteran's degenerative joint disease of the lumbosacral spine with disc herniation was not manifested by sufficient impairment to warrant a higher rating prior to December 6, 2016 and from February 1, 2017.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least evenly balanced as to whether these conditions are related to military noise exposure.,Service connection was also granted for lumbar spondylosis (claimed as back pain), with the Board noting conflicting medical opinions but finding a nexus based on the Veteran's history of heavy lifting during service.

The Board has remanded the Veteran's claims for an increased rating for his back disability and service connection for hemorrhoids due to additional development being required.

The Board has reopened the Veteran's claim for service connection for low back disability and denied it. The left knee disability claim is also denied, with a remand requested to verify an in-service stressor and obtain a VA examination. Service connection for PTSD, anxiety, and depression is granted.

The Veteran's claims for increased ratings for radiculopathy and degenerative disc disease lumbar spine were denied. The Board found that the evidence did not support a higher rating based on current symptomatology.

The Board has decided that the Veteran's sleep apnea, lumbar spine disability, and left hip disability are not service-connected. The claims for increased PTSD rating and TDIU are also remanded.

The Board dismissed the Veteran's appeal for a bilateral knee disability. The claim of service connection for a lumbar spine disability was reopened, but remanded due to insufficient evidence. The issue of radiculopathy of the bilateral lower extremities is also remanded.

The Veteran's claim of service connection for a back disability has been reopened, but the Board finds that further development is needed as there are no VA examinations or opinions regarding her bilateral hearing loss and tinnitus, acquired psychiatric disorder, and bilateral hip disability. The case is remanded to obtain updated VA treatment records, schedule the Veteran for appropriate medical examinations, and provide an opinion on the etiology of these conditions.

The Veteran's claim for a higher rating for his bilateral spondylolysis and grade 2 spondylolisthesis of L5 - S1 with associated mechanical low back pain is remanded due to the need for a new VA examination.

The Veteran's claim for service connection for acquired psychiatric condition (to include PTSD) and back condition has been granted. The decision also remanded the issue of service connection for a back condition due to lack of private treatment records.

The Board has denied service connection for left knee, right knee, low back, left hip, and right hip disabilities due to a lack of evidence linking these conditions to service or any service-connected disability.