Back / lumbar spine decisions — 2019

The Board has decided to remand the cases for additional development due to incomplete analyses and the need for medical opinions on the nature and etiology of the Veteran's back condition and erectile dysfunction.

The Board has granted service connection for asthma as secondary to the service-connected reflux esophagitis with esophageal strictures, and has granted earlier effective dates of May 20, 1998 for the left fifth metatarsal strain, back disability, and esophageal disability.

The Board has remanded the Veteran's claims for increased ratings for lumbar degenerative disc disease and cervical spine strain due to inadequate examination findings regarding flare-ups.

The Board denied service connection for lumbar spine arthritis, arthritis of the right knee, and a right leg disability as there was no evidence of in-service injury or chronic condition.

The Board has decided to remand the Veteran's claim for service connection of a back disability due to insufficient evidence and the need for an examination. The claims file will be reviewed, and any necessary steps will be taken to obtain missing records and schedule the Veteran for a VA examination.

The Veteran's lumbar spine disability was granted an increased rating of 40 percent prior to November 27, 2013 and a TDIU from February 17, 2017. The issues of increased ratings for the period between November 27, 2013 and May 21, 2015, and September 1, 2015 to present were not addressed.

The Board has found that there is new evidence associated with the file, including enlistment records and updated VA treatment records. The Veteran's claims for service connection are being remanded so they can be reviewed again by the AOJ.

Your initial rating for lumbar spine condition has been increased to 40 percent effective October 29, 2014. Your right ankle, left shoulder, right knee, and left knee conditions have each received a 10 percent initial rating effective October 29, 2014.,Your residuals of traumatic brain injury have also been rated as 10 percent disabling effective October 29, 2014.

The Veteran's petition to reopen service connection for right and left lower extremity pain, headache disorder, and low back disability was granted. The claims of service connection for a left knee disability (claimed as upper/lower leg pain) and total disability rating due to unemployability are remanded.

The Veteran's claim for service connection for a back disorder was reopened and granted.,Service connection for bilateral sensorineural hearing loss and tinnitus were also granted, with effective dates of January 6, 2015.

The Board has remanded the claims for a low back disability and a respiratory disability (chronic pneumonia) due to insufficient evidence regarding their etiology. The Veteran's service records show treatment for respiratory issues, but no in-service injury or exposure is documented.

The Veteran's service-connected disabilities, including left and right knee disorders, left shoulder disorder, right shoulder disorder, tinnitus, lumbar back pain, have rendered him unable to secure or follow a substantially gainful occupation for the entirety of the appeal period.

The Board has found that the Veteran's lumbar strain and chronic headache disorder are related to service. However, further examination is needed for his claims of plantar fasciitis, allergic rhinitis, and hypertension.

The Veteran's appeal is remanded for additional examinations and opinions regarding his hip, knee, ankle, lumbar spine, and radiculopathy conditions. The claims are also remanded for a rating in excess of the current 10 percent ratings for degenerative joint disease of the right knee and right ankle.

The Veteran's back disability is considered to have been permanently aggravated by his active duty service, specifically stemming from an injury incurred during his deployment to Afghanistan. As a result, the claim for service connection for the back disability is granted.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for various disabilities, including back disability, respiratory disability, CTS, heart disability, fibromyalgia, bilateral hip disability, and bilateral knee disability. The case is being remanded for further action.

The Veteran's bilateral hearing loss is currently rated at 20 percent, and the Board finds that a higher rating is not warranted. The claims for low back disability, retinal detachment (left eye), and left sciatic radiculopathy are remanded as they may be related to service.

The Veteran's PTSD symptoms have not resulted in significant occupational and social impairment, warranting a 50% disability rating.,VA has determined that the Veteran’s back disability does not meet or approximate the criteria for a higher initial rating than 20%. The VA examination report is inadequate due to missing range of motion testing.

The Board of Veterans' Appeals has awarded a total disability rating based on individual unemployability (TDIU) but denied an earlier effective date prior to May 28, 2014. The case is being remanded for the Director of VA's Compensation Service to determine if the Veteran is entitled to a TDIU on an extraschedular basis prior to that date.

The Board has remanded the Veteran's claims for service connection for right leg, back, shoulder, and neck disabilities due to new evidence received since the last final denial. The claims are now pending for further examination and determination.