Back / lumbar spine decisions — 2019

The Board has determined that a new VA spine examination is needed to assess the current severity of the Veteran's lumbar spine disability, including any neurological impairments and where her pain begins on range of motion testing. The claim will be returned for further action.

The Veteran's claims for higher ratings on several service-connected conditions were denied, while the claim for TDIU was granted. The effective date of a 30% rating for bronchitis is April 17, 2015.

The Board has reopened the previously denied claims of service connection for a low back disability and sleep apnea, but has remanded both issues due to insufficient evidence.

The Board has determined that there is not substantial compliance with the September 2017 remand directives and has therefore ordered further development for service connection claims, including obtaining VA treatment records from July 1998 to present.

The Veteran's appeal for a rating in excess of 40 percent for chronic lumbosacral strain with degenerative changes was dismissed due to withdrawal. The appeal for TDIU was also dismissed as the Veteran does not meet the schedular criteria and there is no evidence of unemployability based on service-connected disabilities alone.

The June 16, 1987 rating decision did not consider service connection for Multiple Sclerosis and did not assign a separate compensable disability rating for right lower extremity radiculopathy. The Veteran's appeal is granted as there was new and material evidence to reopen the claim.

The Board denied service connection for a back disability, an acquired psychiatric disorder (PTSD), and bilateral hearing loss in March 2015, October 2015, and June 2007 respectively. The Veteran's application to reopen these claims is pending.,New evidence received since the last final denial does not raise a reasonable possibility of substantiating any of the service connection claims.

The Board has remanded the claims for low back disorder, pulmonary fibrosis, scars to the left arm and shoulder, facial scars, and PTSD due to potential service connection issues.

The Veteran's degenerative arthritis and degenerative disc disease of the lumbar spine, lumbosacral spondylosis, lumbar spondylolisthesis, and lumbar canal stenosis are granted as service connected. The left lumbar radiculopathy with foot drop is also granted as secondary to his now service-connected back disability.

The Veteran's service-connected lumbosacral spine disability, left and right lower extremity radiculopathy of the sciatic nerve are being remanded for further evaluation due to increased symptoms since his last VA examination in September 2014.

The Veteran's lumbar spine disability and associated radiculopathies are not rated higher than 10 percent prior to September 11, 2017. The rating for PTSD with depressive disorder was increased to 100% effective September 11, 2017.

The Veteran's claims of service connection for back disability, bilateral ankle disability, and tinnitus have been granted. The Board found that the evidence is at least evenly balanced as to whether these disabilities began during active service.

The Veteran's appeal is remanded for additional examinations and opinions to address the severity of his sleep apnea, knee disabilities, lumbar spine disability, and left elbow disability. The maximum schedular rating for bilateral metatarsalgia has been granted.

The Board denied service connection for bilateral knee, back, hip, and right leg disabilities due to lack of evidence linking these conditions to active service. Service connection was granted for metastatic disease of the left fibula as secondary to non-Hodgkin's lymphoma.

The Board has remanded the claims for service connection due to new and material evidence being required. The issues include right hand disorder, back disorder, right ankle disorder, bilateral hammer toes, abdominal pain, OSA, joint pain, fatigue, diabetes mellitus, type 2, and carpal tunnel syndrome.

The Veteran's service-connected degenerative disc disease of the lumbar spine is rated at 10 percent prior to September 16, 2016. The Board found that the evidence did not meet the criteria for a higher rating under Diagnostic Code 5237 or any other applicable codes.

The Veteran's claim for service connection for low back strain was granted. The issue of a rating for kidney stones is being remanded, and the TDIU claim remains granted.

The Veteran's claims for service connection for left knee disability and chronic low back condition are remanded due to the need for additional medical opinions and development of records.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's back disability, specifically on the range of motion and functional loss. The appeal is not about service connection but rather about the evaluation of an already service-connected condition.

The Board has determined that the Veteran's low back condition did not originate in service, but his tinnitus is presumed to have started during active duty.