Back / lumbar spine decisions — 2019

The Veteran's appeals for service connection for breast cancer with mastectomy and breast augmentation have been dismissed. The low back disability claim has been denied, but the Veteran is granted a 50 percent initial rating for her hysterectomy.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to make a decision on these claims due to the presence of current disabilities and their possible relationship to his active duty service.

The Board has determined that the Veteran's claims for service connection for a low back disorder, corneal scar of the right eye, and migraine headaches are remanded due to the need for additional medical opinions.

The Board has determined that the appellant's bilateral shoulder, left knee and left foot disabilities did not begin in or were otherwise due to a period of ACDUTRA or INACDUTRA. The appeal is being remanded for further examination.

The Board has denied service connection for sleep apnea and remanded the remaining issues on appeal due to a lack of current evidence of these conditions. The Veteran's claims for emphysema, lumbar spine disability, cervical spine disability, and arthritis are being remanded for further development.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease (DDD) of the cervical spine and lumbar spine due to incomplete opinions and potential misalignment of evidence. The Veteran contends that his DDD is related to a football injury during military training, while VA disagrees.

The Board has decided to remand the case due to an inaccurate factual premise regarding the Veteran's service in 2010 and a need for additional medical opinions. The VA will obtain the Veteran’s complete service personnel record, verify his training status on the date of injury, and schedule him for a VA examination.

The Veteran's claim for service connection for PTSD is denied.,Service connection is granted for Generalized Anxiety Disorder and Unspecified Depressive Disorder, as well as bilateral hearing loss disability and tinnitus. The back, right knee, and left ankle disabilities are remanded for further review on the issue of secondary service connection to pes planus.

The Veteran's claim for an effective date earlier than September 30, 2016 for the award of service connection for low back disability has been denied. The claims for a higher initial disability rating and TDIU are being remanded.

The Veteran's claim for increased rating of his thoracolumbar spine disorder is granted, with a current rating of 40 percent.

The Veteran's claims for increased ratings for his left shoulder and lumbar spine disabilities are being remanded due to the need for additional examinations.

The Board of Veterans' Appeals has denied the Veteran's appeal as his child Dependent D turned 18 years old in March 2016, and he did not provide evidence that Dependent D was attending school. The reduction of compensation payments due to a loss of a dependent is appropriate.

The Board found that the Veteran's current low back disabilities, including stenosis and disc herniation, are not related to his active service. The evidence did not show a chronic disease in service or continuous symptoms after service.

The Veteran's claim for increased ratings for arthritis and degenerative disc disease (DDD) of the lumbar spine is being remanded due to a lack of proper examination findings. The VA needs to arrange for an updated VA examination that includes range of motion testing, assesses neurological manifestations, and considers any change in severity since the effective date.

The Veteran's claim for an increased rating for his thoracic spine disability was denied, and the denial of service connection for pain in his low back, buttocks, and lower extremities is upheld. The TDIU claim was also denied.

The Veteran's disability ratings for his lumbar spine and associated radiculopathies were reduced, but the Board found this reduction improper due to lack of sustained improvement. The case is remanded for further examination and consideration.

The Board denied compensation for a low back condition, lumbar radiculopathy, or lumbar pain due to prostate surgery under 38 U.S.C. § 1151 because the evidence did not show that VA's care caused the Veteran's additional disability.

The Veteran's gastroesophageal reflux disease was granted service connection as it had its onset during active duty and he has experienced continuous symptoms since separation. The other issues were remanded for further examination.

The Board has granted the Veteran's petitions to reopen their previously denied claims for service connection for low back disorder and bilateral shoulder disorder, and remanded these issues for further development.

The Board has dismissed all service connection claims due to the Veteran's death.