Back / lumbar spine decisions — 2019

The Veteran's acquired psychiatric disorder, unspecified depressive disorder, and headaches (tension headaches) are granted service connection. The Veteran's left arm condition and right arm condition are denied as not incurred during service. The Veteran's back condition is also denied.

The Board has remanded the Veteran's claims for service connection for various spinal and knee disorders, as well as a shoulder disorder, all claimed as secondary to service-connected bilateral pes planus. The remand requires obtaining additional medical records and scheduling an examination by an appropriate examiner.

The Board has remanded the Veteran's claims for low back disorder, right knee disorder, and migraine headaches due to a lack of competent medical evidence to adjudicate these claims. The Veteran is required to undergo VA examinations to determine the nature and etiology of any disorders.

The Board has remanded the case due to incomplete development regarding the Veteran's lumbar spine strain, specifically addressing her ability to bend and engage in sexual activity.

The Board has denied service connection for right lower extremity, low back, and left knee disabilities due to the lack of evidence showing current disabilities. The claim for a right elbow disability is remanded as no VA examination or opinion regarding its etiology was provided.

The Veteran's claim for service connection for a back disability has been reopened, and he is now entitled to service connection for degenerative arthritis of the lumbar spine. The Board also remanded his claims for service connection for right hip and left hip conditions due to gait.

The Veteran's back condition, diagnosed as lumbar spine degenerative disc disease, is granted service connection due to in-service injury and continuity of symptoms.

The Veteran's low back strain disability has been rated at 40 percent, but the Board finds that a higher rating is not warranted due to lack of ankylosis and functional loss.,For his major depressive disorder, the Veteran is currently rated at 70 percent. The Board finds that this rating adequately reflects the severity of his symptoms.

The Veteran's right elbow disability is currently rated at 10 percent, and the Board finds no basis for a higher rating.,Prior to September 27, 2018, the Veteran's back disability was rated at 10 percent. The Board finds that a higher rating is not warranted based on the evidence of record.

The Board has granted service connection for thoracolumbar spondylosis at L4-5, degenerative disc disease of the cervical spine, and hypertension. The decision is based on evidence showing a link between these conditions and the Veteran's active service.

The Veteran's combined disability rating from October 3, 2011 is 50 percent. The Board finds that this rating is accurate and denies the claim for a higher rating.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's low back disorder is related to service, specifically his injury in 1993. The examiner needs to consider the July 1994 report where the Veteran complained of chronic back pain.

The Board has dismissed the claims for service connection as they have been granted in full by the RO.

The Veteran's claim for a rating in excess of 20 percent for her post-operative disc with lumbosacral strain and associated bilateral lower extremity radiculopathy was denied as the evidence did not support an exceptional disability picture that rendered the schedular criteria inadequate.

The Veteran's major depressive disorder is rated at 70 percent, effective from the date of the May 2014 rating decision. The issue of entitlement to a TDIU due to lower back and major depressive disorder disabilities is remanded.

The Board has determined that the Veteran's low back strain is related to service, and therefore grants entitlement to service connection for this condition.

The Board denied service connection for tinnitus and remanded the noninitial increased rating claims for lumbar disability and bilateral knee disabilities. The claims are now pending again.

The Board denied service connection for gout, chronic pain, left shoulder impingement syndrome and acromioclavicular joint osteoarthritis, low back disability, neck disability, respiratory condition (shortness of breath), and chronic kidney disease. The evidence did not show a relationship between these conditions and service.,The Board found that the Veteran's gout had no onset in service or was not related to service. For other conditions, there was insufficient evidence to establish their onset during service or relate them to service.

The Board has granted service connection for a low back disability, including degenerative disc disease with secondary degenerative arthritis of the lumbar spine, finding that it is at least as likely as not due to an injury incurred in active service.

The Veteran's claim for increased ratings for his low back disability is being remanded due to the need for additional examinations and evaluations.