Back / lumbar spine decisions — 2019

The Board has decided to remand the Veteran's claims of service connection for hyperlordotic curvature of lumbar spine, mild; sclerosis and right knee disability, status post anterior cruciate ligament reconstruction surgery due to inadequate examination reports. The case is being sent back for further evaluation.

The Veteran's TDIU claim is granted, and his increased rating for back disability is remanded due to the need for a new VA examination.

The Veteran is granted a TDIU effective June 8, 2016. The Board found that the Veteran's service-connected disabilities rendered him incapable of securing and following substantially gainful employment since June 8, 2016.

The Veteran's degenerative disc disease of lumbar spine was not found to meet the criteria for a higher evaluation than the current 10 percent disability rating.

The Board has granted service connection for a low back disability. The case is remanded to obtain an opinion regarding the etiology of the Veteran's obstructive sleep apnea, including as secondary to his service-connected PTSD.

The Board denied the Veteran's claim for an earlier effective date earlier than August 11, 2006, for the grant of a TDIU due to lack of evidence showing unemployability prior to that date.

The Veteran's claim for a higher rating for her low back disability, radiculopathy of the left lower extremity, deviated septum with sinusitis, right wrist scar, and PTSD with depression was denied. The Board found that the evidence did not support a higher rating for any condition.

The Board has granted service connection for a low back disability and bilateral hip disability that are secondary to the Veteran's service-connected bilateral feet or knees. A 50% rating is assigned for bilateral pes planus with plantar fasciitis.

The Board has denied increased ratings for the Veteran's abdominal scar, right lower quadrant abdominal scars, and left and right patellofemoral pain syndrome. The lumbar spine disability is remanded due to new evidence of worsening.

The Veteran's service connection claims for degenerative arthritis of the lumbar spine, prostate cancer, and prostatitis are all granted.

The Veteran's service-connected lumbar strain, migraine headaches, and scars from breast cancer partial mastectomy are all granted with specific disability ratings. The lumbar strain is rated at 20 percent.

The Veteran's claims for PTSD, left knee disability, low back disability, tremors of the hands and legs, cold injury residuals, bilateral hearing loss, tinnitus, and lung disability are all remanded due to insufficient evidence or need for additional examination.

The Board has determined that the Veteran's low back disorder preexisted his third period of active duty service and was aggravated by this service, granting service connection for the condition.

The Veteran's claims for increased ratings for cervical spondylosis and lumbar spine disability, as well as his claim for service connection for chronic fatigue syndrome, were denied. The Board found that the evidence did not support a current diagnosis of chronic fatigue syndrome for VA purposes.

The Veteran's appeal for service connection for a back condition, including residuals of a collapsed spine, has been dismissed due to the death of the Veteran.

The Veteran's claim for SMC based on aid and attendance or housebound status was denied as she does not require the regular aid and attendance of another person or is permanently housebound solely due to her service-connected disabilities.

The Board has remanded the claims for service connection for a low back condition and a right knee condition, as well as the issue regarding the character of discharge during the Veteran's third period of active service. The incomplete service personnel records need to be obtained.

The Board has granted service connection for degenerative disc disease, spinal stenosis, and disc protrusions of the lumbar spine as these conditions are found to be related to service.

The Board has remanded the claims for service connection due to insufficient medical opinions and the need for additional examinations. The Veteran's left knee disability, sinusitis, residuals of left index and long finger surgery, degenerative disc disease of the lumbar spine, and left index and middle finger scarring are all under review.

The Veteran's application to reopen a claim for compensation under 38 U.S.C. § 1151 for degenerative disc disease of the cervical spine was denied, and his claims for increased ratings for diabetes mellitus and PTSD were remanded.