Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for increased ratings for his right knee and left knee disabilities due to additional evidence being needed.

The Board has remanded the case for further examination and review of the Veteran's TDIU claim, as it may affect her DEA under Chapter 35.

The Veteran's appeal for a higher rating for lumbosacral strain is remanded due to the need for a new VA examination.

The Veteran's allergic rhinitis was restored to a 10 percent rating effective December 27, 2013. The appeal for increased ratings of his low back disability, right knee disability, left knee disability, and right shoulder rotator cuff tendonitis is granted.

The Board has determined that the Veteran's claims for service connection for shoulder, lumbar spine, and left knee disabilities must be remanded due to inadequate examination reports. The hearing loss claim is denied as there is no evidence of a compensable initial rating.

The Veteran's claim for a higher rating for his thoracolumbar spine strain was granted, with a final effective date of the day following the decision. The rating assigned is 20 percent.

The Board has denied the Veteran's claims for service connection for sleep apnea and back disability, finding that there is no evidence of a current disability related to active duty service. The case is remanded for further development.

The Board denied service connection for various disabilities, finding that the Veteran's injuries were caused by his own willful misconduct.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his knee and back disabilities, as well as diabetes. The claims are being returned for further examination and opinion.

The Veteran's claim for service connection for elevated cholesterol is denied as it does not constitute a disability for VA compensation purposes. The Board has remanded the remaining issues due to the need for additional development and examination.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied because the Board finds that the additional back disability was not proximately caused by VA negligence or fault, and there was no unforeseen event.

The Veteran's claims for increased evaluations of his service-connected lumbosacral spine, left knee, and skin disabilities are being remanded due to the need to associate missing VA examination reports with the claims file and obtain new examinations.

The Board has remanded the claims for service connection due to missing SSA records and other outstanding VA and private treatment records.

The Board denied service connection for a left shoulder disability, low back disability, bilateral knee disability, and PTSD. However, it granted service connection for insomnia disorder.

The Veteran's PTSD, bilateral hearing loss and tinnitus, left hand osteoarthritis, low back disability, left foot disability, right foot disability, left knee osteoarthritis, right knee disability, bilateral eye disability, stomach disability, benign prostatic hypertrophy (BPH), and headache disability are all granted as service-connected.

The Board has granted service connection for PTSD and remanded the issues of service connection for a blood disorder, head injury with residual scar, and degenerative arthritis of the lumbar spine. The TDIU claim is also remanded.

The Veteran's appeal for a higher rating for lumbar spine degenerative joint disease with compression deformity was denied. The appeal to reopen service connection for fecal incontinence and bladder incontinence is granted, but the claims of service connection for these conditions are denied.,Service connection for anxiety disorder is granted.

The Veteran withdrew his appeals for reopening the claims of low back disability and right-hand skin disability, so these cases are dismissed.

The Veteran's lumbar spine DJD had forward flexion to 60 degrees and did not manifest as unfavorable ankylosis of the entire thoracolumbar spine or the entire spine. The Board denied a rating in excess of 20 percent for the condition.

The Board dismissed all claims due to the appellant's withdrawal of the appeal prior to a decision being made.