Back / lumbar spine decisions — 2019

The Veteran's service-connected post-injury lumbar paraspinal tendonitis with degenerative disease and retrolisthesis is currently rated at 20 percent, effective December 31, 2012. The Board denied an initial evaluation in excess of 20 percent due to the lack of functional limitation resulting in flexion of 30 degrees or less.

The Board has denied the Veteran's claims for service connection for a back disability, sciatica, and respiratory disabilities (COPD and emphysema), as well as a ruptured spleen. The claims are being remanded to obtain additional medical opinions.,Service connection is not granted for any of these conditions due to lack of evidence linking them to service or service-connected disabilities.

The Board denied a TDIU rating prior to April 26, 2013 due to the Veteran's service-connected back disability and left leg sciatica not preventing him from obtaining substantially gainful employment.

The Board denied the Veteran's request to reopen his claim for service connection for a lumbar spine condition, finding that new and relevant evidence was not submitted. The Veteran had previously appealed this decision but did not submit any additional evidence within the required timeframe.

The Board dismissed all claims due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of his claims.

The Board has reopened the appellant's claim for service connection for a right knee condition based on new evidence of an in-service injury during basketball play. The issue is being remanded to allow further development and consideration.,The Board has also remanded the appellant's claim for service connection for a left knee condition, as it is considered inextricably intertwined with the right knee claim.

The Veteran's tinnitus is granted as service connected. The lumbar spine disability claim is remanded for further development.

The Board has determined that the VA examinations are inadequate and requires further development to determine if the Veteran's low back disorder and left knee disorder are related to service or secondary to other service-connected conditions.

The Veteran's claim for an initial rating in excess of 20 percent for degenerative arthritis of the lumbar spine with IVDS was denied. The Board also found that a TDIU prior to August 9, 2014 was not warranted.

The Board has determined that the Veteran's claims for an effective date prior to January 30, 2015, and for a higher rating for lumbosacral strain with degenerative arthritis, lumbar spine are both remanded due to new evidence being added to the record.

The Board has remanded the cases due to incomplete development and the need for additional examinations. The Veteran's service records, including his National Guard/Army Reserve service, must be verified, and VA treatment records from the Gulf Coast Veterans Health Care System are needed.

The Board has reopened the previously denied claims of service connection for a back disability, right hip disability, eye disability, and bilateral hearing loss. The issues have been remanded for further development.

The Board denied the Veteran's claim for service connection of a low back disability in May 1991. The Veteran did not appeal this decision, making it final. In January 2006, he submitted a new claim to reopen his previous denial and was granted service connection effective from January 13, 2006. The Board found that the evidence does not support an earlier effective date.

The Board has decided to remand the Veteran's claim for an increased rating for his lumbosacral strain and degenerative disc disease due to inadequate evidence from a previous VA examination. The case is being sent back for further evaluation.

The Board denied earlier effective dates for service connection claims due to the appellant not having qualifying service prior to an August 2016 administrative decision.,The July 1965 rating decision is considered final as it was based on incomplete records, and new relevant post-service medical records received in August 2015 do not change this.

The Veteran's claims for increased ratings for chronic lumbar strain and left lower extremity varicose veins have been denied as the evidence does not support a higher rating under the applicable VA rating criteria.,The Veteran is currently rated at 20% for his service-connected chronic lumbar strain, which is the maximum schedular rating available. The claim for increased disability rating has been denied.

The Board has determined that the Veteran does not have a current diagnosis of bilateral hearing loss, and thus service connection for this condition is denied. The GERD, lumbar spine disorder, right knee disorder, and left knee disorder issues are remanded due to insufficient evidence.

The Board has decided to remand the Veteran's claims for service connection due to incomplete records and insufficient medical evidence. The claims will be reviewed with additional information from the Veteran and further examination.

The Veteran's diabetes mellitus, type II, is granted as service connected. The claims for left shoulder disorder, right shoulder disorder, low back disorder, and knee strains are remanded.

The Board denied a rating in excess of 10 percent for the Veteran's lumbar spine disability, finding that the evidence did not show impairment greater than what was already reflected in the current 10 percent rating.