Back / lumbar spine decisions — 2019

The Veteran's service-connected disabilities require the need for aid and attendance of another person, which has been granted based on the evidence provided.

The Board denied service connection for lumbar spondylosis, finding that the Veteran's current condition did not manifest during or within a year of military service and is not related to his service. The appeal regarding nonservice-connected pension benefits was remanded.

The Veteran's current degenerative arthritis of the lumbar spine is denied as there was no in-service injury or disease, and symptoms did not manifest to a compensable degree within one year of separation from service.

The Board has remanded the case due to the need for a VA opinion on whether the Veteran's back disability is related to his in-service exposure to herbicide agents.

The Board has remanded the claims of service connection for a lumbar spine disability, allergic rhinitis, asthma, COPD, and anemia due to new evidence received since the final September 2010 rating decision. The issues have not been resolved yet.

The Veteran's appeal for increased ratings and service connection was remanded due to insufficient evidence. The effective date for the PTSD rating is set at September 5, 2017.

The Veteran's appeals for service connection and increased ratings have been dismissed as he withdrew his appeal in May 2018.

The Board has dismissed the Veteran's claim for service connection for a residual scar of the right arm. The claims for prostate cancer, low back disability, and acquired psychiatric disorder (major depressive disorder) have been denied as there is no evidence linking these conditions to his military service.

The appeal on the issue of whether new and material evidence has been received to reopen the claim for service connection for gout is dismissed. The claims for generalized arthritis, bilateral eye disease, hypertension, erectile dysfunction, left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and an acquired psychiatric disorder have been reopened.

The Board has remanded four issues related to service connection for various disabilities, including a lumbar spine disability, sciatica of the right lower extremity, left foot disability, and loss of vision of the left eye. The AOJ is instructed to obtain relevant medical records and schedule the Veteran for VA examinations to determine the nature and etiology of these conditions.

Service connection is granted for a back disability, bilateral upper and lower extremity diabetic peripheral neuropathy, and bilateral hearing loss.,The Veteran's service-connected plantar fasciitis remains under review.

The Veteran's appeal for service connection for bilateral hearing loss was dismissed. The Board granted service connection for right knee degenerative arthritis, but remanded the claims for an acquired psychiatric disability and a right shoulder/lumbar spine disabilities due to lack of medical evidence.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's back disability, including his in-service injury and any subsequent motor vehicle accident.

The Board dismissed the appeals because the appellant died during the pendency of the appeal.

The Veteran's claim for a rating in excess of 10 percent for right lower extremity radiculopathy prior to December 18, 2009 was denied. The Board found that the evidence did not support a finding of moderate incomplete paralysis and thus only granted a 10 percent rating. For the TDIU claim, the Veteran's combined disability rating was insufficient to meet the criteria for a TDIU rating as his disabilities were associated with his service-connected lumbar spine condition.

The Veteran's claim for service connection for low back and cervical spine conditions has been remanded due to the need for VA examinations. The Board cannot make a fully-informed decision without these exams.

The Board has determined that the Veteran's low back disability is etiologically related to his active duty service, and thus grants service connection for this condition.

The Veteran's claim for increased rating of his left ankle disability was granted, with a 20% disability rating effective from the date of the decision. The claims for service connection for right knee and right ankle disabilities were reopened due to new evidence received since the final denial in July 2012. Service connection for cervical spine condition was also remanded.

The Veteran's appeal is remanded for additional examinations and opinions to determine the current severity of his lumbar degenerative joint disease, hypertension, and actinic keratoses. The issues include determining if systemic therapy has been required for his actinic keratoses.

The Veteran's claims of service connection for low back strain and right ear hearing loss have been granted. The claim for right ear hearing loss was reopened due to new evidence, while the claim for low back strain is remanded for a VA examination.