Back / lumbar spine decisions — 2019

The Board denied service connection for a disability manifested by insomnia as the Veteran's insomnia is not considered a separate condition, but rather a symptom of his already-service connected lumbar spine and depressive disorder.

The Board has denied the Veteran's claims for service connection for headaches, also claimed as migraines and PTSD. The Veteran was remanded to obtain additional medical opinions regarding his left knee disability and back disability.,The Veteran's unexplained chronic multi-symptom illness, also claimed as undiagnosed illness due to Gulf War, is being remanded for further examination and opinion.

The Board has found that the Veteran's low back disability does not warrant a rating in excess of 10 percent. The remaining issues on appeal, including increased ratings for left and right lower extremity radiculopathy, require additional development to determine the current severity of the Veteran's symptoms.

The Board has granted service connection for bilateral hearing loss. The cases of low back disability, heart disability, skin cancer and psoriasis, and diabetes mellitus, type II are all remanded due to the need for additional medical examinations and opinions.

The Veteran's claim for a higher rating for PTSD was denied, and his TDIU claim was also denied as his service-connected disabilities do not render him unemployable.

The Veteran's claim for an earlier effective date for the grant of service connection for a back disability is denied. The Board finds that no (formal or informal) claim was filed prior to October 1, 2010.

The Board denied service connection for a lumbar spine disability and remanded the issue of service connection for COPD.

The Veteran's lumbar spine disability has worsened since her last VA examination, and a new examination is needed to determine the current severity of her condition.

The Board has decided to remand the Veteran's claims for service connection and increased rating of his right hip disability, chronic lumbar strain, and cervical spine DDD due to inadequate examination reports and lack of adequate descriptions of flare-ups.

The Board has remanded the Veteran's claims for service connection for a headache disorder, bilateral hearing loss, and bilateral shoulder disorder due to new evidence. The heart disorder claim remains denied.

The Veteran withdrew his appeals for service connection of a right knee condition and an increased rating claim for lumbar paravertebral myositis. As a result, the Board dismissed these issues.

The Board has remanded the claims of service connection for low back disability, left knee disability, and right knee disability. The Veteran's claim for a compensable rating for chronic sinusitis with headaches is also remanded.

The Veteran's claims for service connection are being remanded due to the need for additional VA treatment records.

The Board has decided that additional evidence is needed to determine if the Veteran's back disability is related to his military service. The case will be sent back for further action.

The Board dismissed the appeals for service connection for a neurological disorder of the left lower extremity, increased ratings for degenerative disc disease of the lumbar spine and neuropathy sciatic nerve of the right lower extremity. The Veteran's TDIU claim was granted.

The Board denied the Veteran's claim for service connection for a back disability, finding clear and unmistakable evidence that his recurrent low back pain preexisted service and was not aggravated by service. The Board also found no evidence of degenerative disease of the lumbosacral spine related to service.

The Board found that termination of TDIU from December 1, 2017 was not proper due to the Veteran's employer providing special accommodations for his service-connected disabilities. The earlier effective date claim for June 1, 2015 is also remanded.

The Board has found that there has not been substantial compliance with the previous remand directives regarding the increased rating for a back disability and TDIU. Therefore, another remand is required as both issues are inextricably intertwined.

The Board has reopened the claim for service connection of a low back disability due to new and material evidence, but remands it for further examination.

The Board had jurisdiction of the issue of TDIU at the time of its November 2015 decision that denied an increased rating for bilateral pes planus with calluses. The Veteran's unemployability was reasonably raised by the record in the context of his increased rating claim, and the case is now remanded to consider TDIU as an element of the July 2009 increased rating claim.