Back / lumbar spine decisions — 2019

The Veteran's service records show treatment for a boil on his left shoulder and back pain in service. However, there is no evidence of any chronic condition related to these incidents post-service.,The VA examiner concluded that the current back disability is less likely than not related to an injury or event in service.

The Board denied the Veteran's petitions to reopen previously denied claims for service connection for bilateral pes planus, low back pain, and an acquired psychiatric disorder. The evidence submitted did not meet the criteria for reopening these claims.

The Board has determined that the Veteran's lumbar spine disability is related to his military service and granted service connection for this condition.

The Board denied service connection for a back disability and kidney disability, as well as a rating in excess of 30 percent for the Veteran's left foot disability. The effective date for the 30 percent rating for the left foot disability was also denied.,There is no evidence showing an ascertainable increase in severity of the left foot disability within one year prior to the February 12, 2013 claim.

The Veteran's claims for effective dates earlier than August 1, 2015 for the assignment of increased ratings were denied.,Effective dates have been assigned for the Veteran's service-connected disabilities.

The Veteran's ratings for degenerative arthritis of the lumbar spine with intervertebral disc syndrome and radiculopathy of the right lower extremity were restored to 20 percent effective September 1, 2015.

The Board has remanded the Veteran's claims for additional development due to inadequate VA examination reports. The claims include initial compensable ratings for service-connected left and right lower extremity radiculopathy, as well as a higher rating for lumbar spine degenerative disc disease.

The Veteran's service-connected disabilities, including major depressive disorder and back conditions, are found to be so severe that they prevent him from obtaining or maintaining substantially gainful employment.

The Board has remanded the claims for service connection for low back pain, cervical sprain strain, and syncope due to Gulf War exposures. The Veteran's statements regarding in-service injuries are considered, but further medical guidance is needed to address the etiology of his claimed disabilities.

The Board denied compensation under 38 U.S.C. § 1151 for a low back condition, finding that the Veteran's additional disability was not caused by VA carelessness or negligence and that there was no evidence of failure to timely diagnose and treat an infection.

The Veteran's lumbar disability is rated at 40 percent, but no higher. The case has been remanded for further development.

The Veteran's service-connected disabilities, including gout affecting his ankles and knees, obstructive sleep apnea, lumbosacral degenerative discogenic disease, hypertension, eczema, left occipital neuralgia, plantar fasciitis of the left heel, osteoarthritis of the left first metatarsophalangeal joint, right thumb residual fracture fragmentation, internal hemorrhoids, and status post neoplasm excisions of the large intestine, are found to be so severe that they prevent him from securing or following substantially gainful employment. The Board grants a total disability rating based on individual unemployability (TDIU).

The Veteran's request to reopen his service connection claim for a back disorder is granted. The Board has determined that new and material evidence was submitted since the last final denial, allowing the claim to be reopened. However, the claim remains denied as there is no clear evidence of a link between the current back disability and active military service.

The Veteran's claim for a rating in excess of 10 percent for his left trapezius muscle disability (myofascial pain syndrome) was denied. The Board found that the evidence did not support a higher rating.,The Veteran's claims for service connection for various musculoskeletal disabilities, including lumbar spine, right hip, left elbow, right elbow, left wrist (carpal tunnel syndrome), and right wrist (carpal tunnel syndrome) were remanded due to incomplete records. The VA duty to assist was triggered by the addition of relevant service treatment records.

The Board has determined that the Veteran's current cervical spine and thoracolumbar spine disabilities are related to his military service, granting service connection for these conditions.

The Veteran's claim for service connection for bilateral hearing loss was not reopened due to lack of new and material evidence. The case is remanded for further action on the SMC and PTSD rating claims.

The Board denied service connection for degenerative spondylolisthesis of the lumbar spine, degenerative joint disease of the right hip, and degenerative joint disease of the left hip as there was no evidence linking these conditions to active service.

The Board has remanded the Veteran's claims for higher ratings and service connection due to insufficient evidence, including a need for VA examinations.

The Board has remanded the Veteran's claims for low back disability, right ankle disability, and claustrophobia due to a lack of VA examination and incomplete medical records.

The Veteran's appeal to reopen his service connection claim for a respiratory disability was denied.,The Veteran's appeal to reopen his service connection claim for a lower back disability was denied.,The Veteran's right knee disability is now granted, but the decision does not address whether it is related to service.