Back / lumbar spine decisions — 2019

The Veteran is granted an eligibility percentage for educational assistance of 100 percent under the Post 9/11 GI Bill due to his service-connected disabilities.

The Veteran's appeal for increased ratings for left shoulder and ankle disabilities, as well as service connection for a low back disorder, was granted. The low back disorder is found to be secondary to the service-connected left knee and left ankle disabilities.

The Board has remanded the claims for service connection for various conditions, including degenerative joint disease of the right shoulder, thoracolumbar spine disorder, and small bowel obstruction. The Veteran's VA treatment records from October 2014 to the present need to be obtained, as well as any private physician records that may exist.

The Board denied service connection for left ear hearing loss, right ear hearing loss, back disability, hypertension, and heart disability.,There was no evidence of a new or material condition that would warrant reopening the claims.

Service connection for a lumbar spine disability, hypertension, liver disability, gastroesophageal reflux disease (GERD), and kidney disability is denied.,Service connection for aggravation of a psychiatric disability and aggravation of sleep apnea due to service-connected diabetes mellitus, type II is granted.

The Veteran's appeal for higher SMC rates based on loss of use of her lower extremities is remanded due to conflicting evidence regarding her ability to use her feet and lower extremities. The AOJ should obtain updated VA treatment records and schedule a VA examination to assess the extent of her service-connected back disability with associated radiculopathy.

Service connection for a lumbar spine disability is granted.,Service connection for PTSD is denied. The lung disability claim remains pending and will be remanded.

The Veteran's diabetes mellitus is rated at 20 percent, and he is granted special monthly compensation based on the need for aid and attendance of another. The issues regarding service connection for Parkinson’s disease and sleep apnea secondary to PTSD have not yet been adjudicated.

The Veteran's claim for service connection for degenerative disc disease of the low spine is granted. The claims for service connection for PTSD and an acquired psychiatric disorder, other than PTSD (major depressive disorder), are remanded.

The Board has decided to remand the Veteran's claims for additional examinations and opinions regarding his service-connected right hip arthritis, left hip fracture with minimal functional loss, left knee arthralgia, and lumbosacral spine degenerative disc disease.

The Board has determined that the Veteran's claims for increased ratings for his service-connected multilevel lumbosacral degenerative spine disease and right lower extremity radiculopathy must be remanded due to the need for additional examinations to assess the severity of these conditions.

The Veteran's back disorder and lower extremity radiculopathy are alleged to have been aggravated by a series of epidural injections starting in April 2016. The claim is being remanded for further review.

The Veteran's request to reopen a previously denied service connection claim for low back and right shoulder disabilities was received by VA on June 1, 2010. The award of service connection has been assigned effective from that date.

The Board has decided to remand the case due to outstanding private treatment records and VA treatment records. The Veteran is requested to provide any relevant evidence, including chiropractic treatment records from the 1960s.

The Board has remanded the case due to an error in determining that the Veteran's low back disability is not secondary to his service-connected knee condition. The examiner must provide a new opinion regarding whether the Veteran's low back disability was caused or aggravated by his service-connected left knee disability.

The Veteran's lumbar fusion surgery following his service-connected lumbosacral strain was granted temporary total disability compensation. However, the claim for an increased rating for lumbosacral strain remains denied.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a low back disability. The Veteran's testimony regarding an injury in service is considered new and material as it relates to an unestablished fact necessary to substantiate the claim of service connection.

The Board denied service connection for various hip, knee, foot, and ankle disorders due to a lack of evidence showing that these conditions were incurred or aggravated during active duty or inactive duty training. The appellant's claims are based on National Guard service, but the available medical records do not support a link between his current disabilities and military service.

The Board has decided to remand the case due to insufficient medical opinions regarding whether sleep apnea is caused or aggravated by service-connected conditions, specifically hyperthyroidism and PTSD.

The Veteran's TDIU claim is remanded due to the need for a new VA examination to assess his service-connected lumbar spine disability and its impact on employment.