Back / lumbar spine decisions — 2019

The Board has found that additional development is needed prior to final adjudication of the issues on appeal, specifically a new VA examination for the Veteran's back condition due to his spina bifida. The case will be returned to the Board after compliance with appellate procedures.

The Board has found that the Veteran's service connection claims for bilateral hearing loss, tinnitus, COPD and emphysema, and lower back degenerative disc disease should be remanded due to insufficient medical opinions regarding their etiology.

The Veteran's sleep apnea, cervical spondylosis C5-C6 and C6-C7, eczema, hearing loss, low back degenerative disc disease, PTSD, right elbow lateral epicondylitis, right shoulder rotator cuff pathology, and tinnitus are all granted service connection.,Effective dates for the above conditions have been set at December 16, 2009.

The Board has remanded the claims of service connection for degenerative disc disease of the lumbar spine, flat feet with inflammation, right wrist condition, carpal tunnel syndrome, and sleep apnea due to insufficient evidence on record.

The Veteran's service connection claim for a back disability was denied in an October 2013 rating decision. The Board has now remanded the case due to the need for a VA medical opinion on whether his back disability is aggravated by his service-connected disabilities.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability is being remanded due to the need for updated VA examinations and medical records.

The Board has remanded several issues related to the Veteran's service connection and ratings for various disabilities, including back disability, trigeminal neuralgia, sinusitis, and an effective date for service connection. The issues include increased ratings, a separate rating for left trigeminal neuralgia, and an earlier effective date.

The Board has remanded the claims for a back disorder, PTSD evaluations, and TDIU due to ongoing evidentiary development.

The Board has denied all service connection claims, finding no evidence of a nexus between the claimed conditions and active service.

The Board denied service connection for lumbar spine strain, cervical spine strain, and right shoulder rotator cuff disability as there was no evidence of a current disability or a link to service.

The Board has remanded the cases due to insufficient compliance with previous remand directives regarding the issue of an increased rating for paraspinal lumbar spasms. The examiner was not able to distinguish all symptomatology due to the Veteran's service-connected paraspinal lumbar spasms from that due to other nonservice-connected low back disability.

The Board found that the Veteran's current lumbar spine degenerative disc disease is at least as likely as not related to his documented low back injury in service, and granted service connection for this condition.

The Board has granted service connection for low back strain, finding that new and material evidence supports the claim. The Veteran's chronic back pain is related to his military service.

The Veteran's service-connected disabilities are so severe that they preclude him from obtaining and maintaining a substantially gainful occupation, thus meeting the criteria for TDIU.

The Veteran's TDIU claim is being remanded for extraschedular consideration due to the severity of his service-connected disabilities and their impact on his employment.

The Board has determined that additional development is necessary for the Veteran's remaining claims, including a VA examination to determine the nature and etiology of his low back disorder. The issues have been remanded due to the need for further evidence and clarification.

Service connection is granted for an acquired psychiatric disorder, diagnosed as major depression. Service connection is denied for residuals of epididymo-orchitis (originally claimed as a groin injury). The issue of service connection for back disability is remanded.

The Veteran's claim for a clothing allowance due to his service-connected lumbar strain with degenerative disc disease was denied as the back brace issued by his private provider does not qualify as an appliance that tends to wear or tear his clothing.

The Board denied the Veteran's claims for service connection for neck, right knee, left knee, and right ankle disabilities. The claim for service connection for a low back disability is remanded.,The Veteran's claim for an initial compensable rating for right trapezius muscle strain prior to April 21, 2017, and in excess of 20 percent thereafter is also remanded. Her claim for an initial disability rating in excess of 10 percent for right hip acetabulum labrum tear is also remanded.

The Veteran's claims for increased ratings and a compensable rating were denied. The intervertebral disc syndrome was rated at 20 percent, the painful scar at 10 percent, and the postoperative scar associated with IVDS remains noncompensably rated.