Back / lumbar spine decisions — 2019

The Board has decided that a VA examination is needed to determine if the Veteran's current back condition is related to his military service. The case will be remanded for this purpose.

The Board has remanded the claims for a left ankle disability, GERD, back disability, psychiatric disability (to include PTSD), and sleep apnea due to incomplete records and need for further examination.

The Board has decided to remand the case due to incomplete development. The VA examiner needs to provide an addendum opinion considering the Veteran's reports of continuous back symptoms since service and post-service treatment records.

The Veteran's PTSD was granted service connection effective October 22, 2012. Effective the same date, he also received a compensable rating for malaria and an increased rating for his low back disability.

The Board has granted service connection for radiculopathy of the buttocks and bilateral lower extremities, finding that there is at least equipoise evidence to support this claim.,A 20 percent disability rating for degenerative disc disease of the lumbar spine was also granted.

The Board has decided to remand the case due to insufficient consideration of new evidence and testimony regarding the Veteran's low back disability, including his service in Chanute AF training base and allegations of trauma during basic training.

The Board denied service connection for a low back disorder, finding that the preponderance of evidence shows that the Veteran's current low back disorders did not have their onset in service and are not otherwise related to active military service.

The Board denied the petitions to reopen previously denied claims for service connection for lumbar and cervical spine disabilities, claiming as back pain. The appeal is remanded due to a lack of new and material evidence.

The Veteran's claims of service connection for various conditions were denied as there was no evidence showing a nexus between his active service and the claimed disabilities, except for bilateral toenail removal which is not considered etiologically related to service.

The Veteran's claim for an effective date earlier than February 10, 2011, for the grant of service connection for paresthesias, lower left extremity is dismissed as there can be no freestanding claim for an earlier effective date.,The Veteran’s neurogenic bladder has not been manifested by voiding dysfunction requiring the use of an appliance or the wearing of absorbent material.

The Board has remanded the Veteran's claim for a disability rating in excess of 20 percent for his lumbar spine disability due to inadequate examination report and failure to provide an opinion regarding additional functional impairment during flare-ups or with repeated use over time.

The Board has decided to remand the claim for service connection for a low back condition due to insufficient medical opinion addressing in-service complaints.

The Veteran's cervical spine disability is now rated at 30 percent effective September 5, 2013. His lumbar spine disability was initially rated at 10 percent from November 26, 2014 and increased to 20 percent since June 13, 2018.

The Board has determined that the Veteran's claims have been recertified prematurely and the RO should complete the previously requested development before returning it to the Board.

The Veteran's migraines are granted a 30 percent rating from May 6, 2014 to September 2, 2015. Service connection for low back disability and peripheral neuropathy of the lower extremities is remanded.

Your appeals for service connection and increased ratings have been dismissed as the Veteran has requested to withdraw them.

The Board has dismissed the appeal of the right shoulder disability claim and denied the claims for service connection for low back disability (including as secondary to knee disabilities) and increased ratings for left and right knee disabilities. The cases are remanded for further action.

The Veteran's initial ratings for lumbar spondylosis with degenerative disc disease, left knee degenerative joint disease, right knee degenerative joint disease, and right shoulder tendonitis have been denied as his conditions do not warrant a higher rating under the applicable VA rating criteria.

The Veteran's claims for higher ratings for his lumbar spine and associated radiculopathy of the lower extremities are being remanded due to the need for additional development.

The Veteran's application to reopen the previously denied claim for service connection for herniated disc; cervical spine, with degenerative disc disorder is granted. The Board finds that there is new and material evidence to support reopening of this claim. However, the claim remains remanded as further development is needed regarding both conditions.