Back / lumbar spine decisions — 2019

The Board has granted service connection for right shoulder disorder, low back disorder, right knee disorder, left knee disorder, right ankle disorder, left ankle disorder, bilateral hearing loss, and tinnitus. The Board found that these conditions are at least as likely as not related to the Veteran's military service.

The Veteran's appeals for increased ratings in excess of 10 percent for left ankle ligament strain, right knee patellofemoral syndrome with meniscus tear (previously 5257 right knee condition), and lumbar strain and degenerative joint disease have been dismissed as the appeal is not properly before the Board.

The Board has decided to remand the case due to incomplete records and an inadequate medical opinion. The Veteran's back disability will need further examination and review of his private treatment records.

The Board has dismissed the Veteran's claims for service connection for various conditions due to improper filing of a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement).

The Veteran's appeal for an increased rating for migraine headaches was denied as her headaches did not result in severe economic inadaptability.,Service connection for a low back disability was also denied because there is no evidence of chronicity within the presumptive period and the medical opinions were against the claim.

The Board has remanded the cases for further development and examination as there were errors in the pre-decisional duty to assist. The Veteran's claims of service connection are not supported by the evidence.

The Veteran's degenerative disc disease of the thoracolumbar spine, with a history of sprain, is rated at 40 percent. The issue of entitlement to TDIU on a schedular basis is denied. The issue of entitlement to TDIU on an extraschedular basis is remanded.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's lumbar spine disability and his service. The examiner is asked to consider the Veteran's in-service symptoms, post-service treatment records, and his contention of a pre-existing condition.

The Board denied increased ratings for degenerative disc disease of the lumbar spine and radiculopathy of the lower extremities, finding that the Veteran's conditions did not warrant higher ratings based on his functional impairment.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and evaluations. The issues include heart disorder, headaches, neck disorder, and back disorder.

The Veteran's claims for service connection for low back pain, cold weather injuries of bilateral hands and feet, and hepatitis C were denied. The claim for hearing loss was also denied.,New and material evidence has not been received to reopen the claims for low back pain, cold weather injuries of bilateral hands and feet, and hepatitis C.

The Board has remanded the Veteran's claims for additional development due to outstanding treatment records that are pertinent to his claims on appeal, including psychiatric treatment records and private treatment records from various providers.

The Board has remanded several claims, including those for service connection and rating issues related to the Veteran's disabilities. The appeals are being returned to the AOJ for additional development.

The Veteran is granted a 40 percent rating for chronic lumbar strain from February 6, 2015 to July 18, 2018 and as of March 22, 2019.

The Board has granted service connection for degenerative joint disease of the lumbosacral spine and discogenic disease at T12-L1, L3-4, and L4-5. The claim of service connection for bilateral lower extremity disability (including sciatic nerve damage) is remanded due to insufficient evidence.

The Board has remanded two issues: 1) Entitlement to an increased rating in excess of 20 percent for DJD of the lumbar spine, and 2) Entitlement to service connection for scoliosis as secondary to service-connected DJD of the lumbar spine. The Veteran is required to undergo VA examinations to determine the current severity of his DJD and whether his scoliosis is related to his service-connected DJD.

The Board has remanded the case due to non-compliance with previous remand directives regarding service connection for a thoracolumbar spine disorder. The Veteran's claim is being returned for further examination and consideration.

The Board has remanded the claims for additional development due to missing service treatment records and incomplete private medical records. The Veteran's service-connected lumbar spine disability may be related to his head injuries, but the STRs do not provide details on these incidents or subsequent treatment. The effective date of a higher evaluation for his lumbar spine disability is also remanded.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and sciatica left lower extremity radiculopathy are being remanded due to inadequate examination reports. The VA is required to schedule the Veteran for a new VA examination to assess his current disability levels.

Service connection is granted for an acquired psychiatric disability to include depressive disorder.,Service connection is also granted for obstructive sleep apnea as secondary to the service-connected acquired psychiatric disability (depressive disorder).,However, service connection is denied for a back disability due to lack of evidence showing its onset during or within one year after service.