Back / lumbar spine decisions — 2019

The Veteran's appeal has been dismissed because he died during the pendency of his appeals for service connection for various disorders.

The Veteran's lumbar spine disability was granted a 40% rating from December 5, 2000 to December 12, 2002. For the period after December 12, 2002, an increased rating in excess of 40% for the lumbar spine disability is denied. Effective dates prior to January 28, 2009 are denied for service connection of right and left lower extremity radiculopathies. SMC at the housebound rate was granted from January 28, 2009 to September 1, 2017.

The Veteran's appeal for service connection for low back disability and psychiatric disorder has been dismissed as he withdrew his appeal before the Board.

The Board has remanded the claims for lumbar disability, left arm disability, right shoulder strain, right wrist degenerative joint disease, left foot disability, and right foot disability due to new evidence received since the November 2009 rating decision.,Your current claim of service connection for a left arm disability is denied as there is no currently diagnosed condition. The Board found that your left arm was normal at separation from service.

The Veteran's claims for service connection and increased rating for various shoulder, elbow, and low back disabilities have been denied. The Board found no evidence of a nexus between the current disabilities and service.

The Board denied service connection for a low back condition, sinusitis, and bronchitis as there is no evidence of current disabilities in the record.

The Board has remanded the Veteran's claims for service connection of cervical and lumbar spine disabilities due to insufficient evidence. The VA will need to verify the Veteran's National Guard service, specifically in January 1991, and schedule a VA examination to determine if his current diagnoses are related to his active duty service.

The Board has granted service connection for degenerative changes of the lumbosacral spine and tinnitus, finding that both conditions are related to service.

The Board denied the Veteran's claims for service connection for low back, left knee, right knee, and chronic headache disabilities due to a lack of evidence showing these conditions were incurred or aggravated during active military service.

The Board has remanded the case for further development, including obtaining VA treatment records and addressing issues related to service connection for a back disability, increased rating for PTSD, and entitlement to TDIU.

The Veteran's appeal is remanded for additional examinations and development to address the severity of her service-connected disabilities, including low back pain, cervical spine disorder, left pubic ramus fracture, right tibia stress fracture, and right ankle disability. The Board will also consider whether she meets the criteria for a TDIU prior to March 1, 2016.

The Board has remanded the Veteran's claims for service connection for various conditions, including back, left hip, left knee, right knee, and psychiatric disorders. The VA treatment records from the relevant time period are needed to make a determination.

The Veteran's right thumb fracture is granted an initial 10 percent rating from August 27, 2013. The remaining issues of service connection for thoracolumbar spine disability, left leg/knee disability, and acquired psychiatric disability are remanded.

The Veteran's service connection claims for multiple sclerosis, depressive disorder, thoracolumbar spine disorders (other than lumbar spine degenerative disc disease with spondylosis), right knee disorder, left knee disorder, and bipolar disorder have been granted. The issues of service connection for other lumbar spine disorders are remanded.

The Board denied the Veteran's claims for service connection for intervertebral disc syndrome with lumbar spondylosis and bilateral lower extremity sciatica, finding that there was no evidence to support a link between these conditions and his military service.

The Veteran's claims for higher ratings for his left shoulder strain with partial rotator cuff tear and lumbar spine disability are being remanded due to the need for additional examinations to assess the current severity of these conditions.

The Veteran's claim for a disability rating in excess of 20 percent for chronic lumbosacral strain is being remanded due to inadequate VA examinations. A new examination must be provided.

The Board denied the Veteran's claims for earlier effective dates for service connection of thoracolumbar degenerative disc disease, right lower extremity radiculopathy, bilateral hearing loss, and tinnitus. The effective date was not earlier than October 15, 2014 as these conditions were first received by VA on that date.

The Veteran's service-connected back disability and radiculopathy of the left lower extremity do not render him unable to secure or follow substantially gainful employment.

The Board has remanded the cases due to outstanding VA and private medical records that need to be obtained for a thorough evaluation of the Veteran's claims.