Back / lumbar spine decisions — 2019

The Veteran's service-connected lumbar spine disability is rated at 20% prior to October 17, 2015 and 40% thereafter. A separate 30% rating for bowel incontinence due to the lumbar spine disability was granted beginning December 7, 2017.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations.,The Veteran's left knee disability claim is also being remanded as a VA examination is needed to assess its relationship to his service-connected disabilities.

The Board has remanded the claims for service connection for low back, right knee, and left knee disabilities due to lack of VA examination records. The Appellant's service treatment records are silent for complaints or diagnoses related to these conditions. However, his VA treatment records show ongoing symptoms.

The Board's October 18, 2018 decision is vacated due to error in finding that the Veteran did not meet the schedular rating requirements for a TDIU on a schedular basis. The case is remanded for further consideration of both schedular and extraschedular TDIU claims.

The Veteran's service-connected disabilities, including major depressive disorder, chronic low back pain, and lumbar radiculopathy of the left lower extremity, precluded him from securing and following substantially gainful employment. The Board granted a TDIU from September 25, 2009, to March 31, 2011.

The Board has remanded the case due to conflicting opinions regarding the nature and etiology of the Veteran's low back disability. The Veteran's claims file must be reviewed by an appropriate medical professional to provide clarification.

The Veteran's claims for hepatitis C, low back disability, left hand disability (to include carpal tunnel syndrome), hypertension, and diabetes have all been denied. The Board found that the submitted evidence did not raise a reasonable possibility of substantiating these claims.

The Board denied the Veteran's claims for service connection for various conditions, including sleep apnea, low back disability, right foot and leg disabilities, PTSD, and sinusitis with headaches. The appeal was not timely filed.

The Board has granted a 70 percent rating for the Veteran's anxiety disorder and remanded the issue of entitlement to a total disability rating due to individual unemployability (TDIU).

The Board has determined that new and material evidence has been submitted to reopen claims for service connection for migraine headaches, ulcer disease, acquired psychiatric disorder, dizziness and fainting spells, degenerative disc disease of lumbar spine, and osteoarthritis. The claims are being remanded for further development.

The Board has determined that the Veteran's chronic low back disability, including arthritis, began during active service and is therefore granted service connection.

The Board has decided to remand the case due to missing service treatment records and personnel files, which may contain relevant information about the Veteran's back disability. The Veteran will need a VA examination to determine if his current back disability is related to his time in service.

The Board has granted service connection for a right arm disability and a low back disability, finding that the Veteran's current conditions are related to his military service. The decision is based on direct evidence of in-service injury and continuity of symptomatology.

The Board has denied the Veteran's claims for service connection for various musculoskeletal disabilities, including of the bilateral feet, knees, hips, lumbar spine, and chronic joint pain, as well as peripheral neuropathy. The preponderance of evidence does not support a finding of current disability in any of these conditions.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for lumbar strain prior to October 8, 2015 and from October 8, 2015 for degenerative arthritis of the lumbar spine. The initial staged ratings for bilateral plantar fasciitis and GERD were also denied.

The Board found no evidence of a nexus between the Veteran's current upper back and neck pain, or lumbar spondylosis without myelopathy, and his active service. The preponderance of the evidence is against finding that these conditions began during or are otherwise causally related to an in-service injury or disease.

The Veteran's claims for service connection have been remanded due to the need for additional information and evidence.,Service connection is being considered for various conditions, including a right ankle strain, bilateral hearing loss, obesity, syrinx of thoracolumbar spine, cervical spine disability (including syrinx), hypertension, and left arm numbness.

The Board has determined that updated VA examinations are needed to assess the current severity of the Veteran's service-connected degenerative arthritis of the lumbar spine, low back scar, and radiculopathy of the left lower extremity.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a cervical spine disability, including as secondary to service-connected lumbar strain. The case is being remanded for further development.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and radiculopathy in each lower extremity are being remanded due to the need for new VA examinations to assess current severity.