Back / lumbar spine decisions — 2019

The Veteran's L4-5 facet arthropathy is service-connected, with the Board finding that continuous symptoms since service separation warrant this decision.,Service connection for sleep apnea was denied as the Veteran's chronic sleep impairment is already compensated through his major depressive disorder.

The Board has remanded the Veteran's claims for service connection for a back disability and left arm condition, as well as his initial rating claims for right and left foot disabilities. The AOJ is instructed to obtain all outstanding records from VA and private sources, provide due process notifications, and schedule appropriate examinations.

The Board denied the Veteran's claims for service connection for headaches, an acquired psychological condition (including post-traumatic stress disorder), and a back condition. The evidence did not support a finding that these conditions were related to service.

The Veteran's bilateral foot disability, which includes pain, marked pronation, tenderness, and severe spasms that were not improved by orthotics, is rated at 50% since July 29, 2011.

The Board has decided to remand the Veteran's claims for service connection for a lumbar spine disability and left knee disability due to insufficient medical evidence. The claims will be reviewed again with further examination and consideration of all relevant evidence.

The Board has remanded the Veteran's claims for low back disability, left knee disability, right knee disability, left ankle disability, right ankle disability, obstructive sleep apnea, and hypertension due to a lack of service treatment records. The VA is required to provide an examination where the information and evidence of record does not contain sufficient competent medical evidence to decide the claim.

The Board has determined that additional development is necessary due to the unavailability of service treatment records and the need for further verification of in-service stressors related to PTSD.

The Board has granted an effective date of July 26, 1977 for the grant of service connection for a thoracolumbar spine disorder.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of diabetes mellitus being incurred in or aggravated by service, and the cervical spine and lumbar spine disabilities did not meet the criteria for higher ratings.

The Veteran's low back disability is rated at 10 percent prior to December 14, 2016 and at 20 percent from December 14, 2016. Radiculopathy of the left and right lower extremities are also rated at 20 percent from October 11, 2012 to March 22, 2017. The Veteran's radiculopathy is rated at 20 percent for each leg from March 22, 2017.

The Board has granted the petition to reopen the claim of entitlement to service connection for a lower back disorder and remanded the claims of entitlement to service connection for a neck disorder.

The Veteran's fibromyalgia and CFS have been denied as the evidence does not support a higher rating.,Service connection for arthritis of the lumbar spine was granted effective November 1, 2008.

The Board has denied service connection for various conditions including low back disability, bilateral foot disabilities, sinusitis, ulcer, skin cancer, and acquired psychiatric disorders. The decision also notes that the Veteran's hip arthritis is not related to his military service.

The Board has denied service connection for a right shoulder disability and remanded the issue of service connection for a back disability. The Veteran's left shoulder claim is referred to the AOJ.

The Board has granted the petition to reopen the claim for service connection for a lower back disability. The claims of increased rating for the left shoulder and TDIU are remanded due to incomplete records and need for additional examinations.

Service connection for dermatitis, left cubital tunnel syndrome, right hip disability, left hip disability, right shoulder disability, bilateral thumb disability, right first toe disability, lumbar spine disability, cervical spine disability, left varicocele, and testicle atrophy has been denied.,The Veteran's service connection claims for obstructive sleep apnea, nephrolithiasis with hematuria, right knee iliotibial band syndrome and patellofemoral pain syndrome, allergic rhinitis, right plantar fasciitis, hyperhidrosis, hemorrhoids, and generalized headaches have been remanded.

The Board cannot make a fully-informed decision on the service connection claim for lumbar spine disability because no VA examiner has provided an opinion regarding its relation to service. The Veteran's private physician diagnosed intervertebral disc disorder, which may be related to his accident while in service.

The Board has determined that the Veteran's claims are remanded for additional examinations and evaluations to determine the severity of his service-connected cervical spine, low back, GERD, and headaches. The effective dates for the grants of service connection will be determined based on when a request to reopen was received.

The Board denied the Veteran's petitions to reopen his claims for service connection for a low back condition and type II diabetes mellitus as new and material evidence was not received.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service-connected low back disability prior to July 1, 2013. The case will be returned for further examination and opinion.