Back / lumbar spine decisions — 2019

The Veteran's lumbar spine disability is rated at 40 percent from August 15, 2013 to the present. The Board found that the evidence supported a higher rating due to severe symptoms and limitations.

The Board has remanded the Veteran's claims for service connection for various disorders, including right knee disorder, back disorder, cervical spine disorder, and carpal tunnel syndrome, all of which are claimed as secondary to his service-connected fibromyalgia. The VA is directed to obtain additional medical opinions regarding these issues.

The Board has dismissed the claim for residuals, right leg surgery and denied the claim for non-service connected pension benefits. The remaining issues of service connection for thoracolumbar spine disability, cervical spine disability, sleep apnea syndrome, bilateral foot disability, and TDIU are remanded for further development.

The Board has granted service connection for low back and cervical back strain, insomnia and sleep apnea, but remanded the issue of service connection for migraine headaches.

The Veteran seeks an increase in his evaluation for a lumbar spine disability, which was initially rated at 10 percent prior to August 30, 2016. The Board denied this request as the evidence did not show that the Veteran's condition warranted a higher rating.,For the period from August 30, 2016 onwards, the Veteran seeks an increase in his evaluation for the same disability. However, the Board found insufficient evidence to grant a higher rating based on the provided medical records.

The Veteran's appeals for service connection for blurred vision, bilateral hearing loss, dizziness, inhalation injury, degenerative disc disease of the lumbar spine with intervertebral disc syndrome, left knee disability, right knee disability, tinnitus, sleep apnea, GERD, status post excision benign skin mass on the right wrist with residual scar, headache disability, left cubital and carpal tunnel syndrome, right cubital and carpal tunnel syndrome, right lower extremity radiculopathy, and PTSD have all been dismissed due to withdrawal of appeals by the Veteran.,The Veteran's appeals for a disability rating in excess of 10 percent for left ankle disability, right ankle disability, left foot disability, and right foot disability are being remanded for further development.

The case is being remanded for further examination to determine if the Veteran's back disability is related to his service-connected gastrointestinal disorder, or any other cause.

The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for PTSD. The claim for service connection was denied due to lack of evidence linking the current low back disability to active service, while the claim for an increased rating for PTSD was also denied as there were no symptoms that met the criteria for higher ratings.

The Board has remanded the Veteran's claims for higher initial ratings for his service-connected left and right knee disabilities, as well as his degenerative arthritis of the lumbar spine. The reasons are that a new VA examination is needed due to the passage of time since the last VA examination and because the prior examinations were inadequate in rendering opinions regarding additional functional loss during flare-ups.

The appeal for an increased rating for service-connected degenerative disc disease of the lumbar spine has been dismissed as the appellant requested withdrawal prior to a decision.

The Board has remanded the Veteran's claims for service connection due to insufficient analysis regarding whether his lumbar disability was incurred in service or pre-existed. The issues of secondary service connection are also being remanded as they are inextricably intertwined with the primary claim.

The Veteran's claims for service connection were denied, and he was granted a 30% rating for unspecified anxiety disorder with effective date of September 29, 2015. The other conditions were not found to be service-connected.

The Board dismissed the claims of service connection for left hip, right ankle, and left ankle disorders. The claim for a higher rating for back disability was also dismissed. Service connection for bilateral foot disorder is granted but remanded for further examination. Right knee and right hip disorders are also remanded.

The Board has remanded the case for additional development due to lack of substantial compliance with previous remand directives.

The Board denied service connection for left shoulder dislocation and DJD of the lumbar spine, finding that there was no evidence of aggravation during service. Service connection for bilateral knee disability was also denied as there is insufficient evidence of a current diagnosis.

The Board has determined that a VA examination is needed to determine the nature and etiology of any cervical spine disability, including whether it is related to an in-service injury or disease, such as falls from trucks. The examiner must also consider the Veteran's lay statements regarding his neck injuries during service.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that he was engaged in substantial gainful employment prior to October 21, 2011.

The Board has remanded the claims of service connection for residuals of cold injuries to the upper and lower extremities, as well as a low back disorder. The Veteran's statements regarding his military service and symptoms since service are considered in these cases.

The Board has determined that there is no evidence to support the Veteran's claims for service connection of left ankle, low back, cervical spine, left hip, right hip, and chronic pain/fibromyalgia disorders. The preponderance of the evidence does not establish a nexus between these conditions and service or any service-connected condition.

The Board has reopened the claims for service connection for back, bilateral foot, and bilateral elbow disabilities due to new evidence received since the final denial. The appeals are now pending.