Back / lumbar spine decisions — 2019

The Veteran's service-connected lumbar spine and depression disabilities met the schedular requirements for a TDIU effective July 20, 2011. The claim was granted within one year of meeting these criteria.

The Veteran's depression disorder is granted as secondary to his service-connected disabilities. His atrial fibrillation disability is rated at 100% since August 9, 2012 due to chronic congestive heart failure and regurgitation valves. Other conditions are denied or not addressed.

The Veteran's claims for service connection for lumbar spine disorder, left and right hip disorders were denied multiple times. New evidence was submitted to reopen the claims for left and right hip disorders but not for lumbar spine disorder.

The appeals for loss of strength in the left hand and wrist, peripheral neuropathy of the left lower extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the right upper extremity have been dismissed.,Service connection is granted for a low back disability. The appeals for bilateral hearing loss and tinnitus are also granted.

The Veteran's appeal for an initial compensable disability rating for degenerative arthritis of the lumbar spine is being remanded due to a lack of recent medical examination and testing.

The Board has determined that additional development is needed for the Veteran's claims of service connection for left foot neuropathy, right foot neuropathy, a back disability, and a neck disability. The Veteran will be provided with VA examinations to determine if his current conditions are related to his active duty service.

The Board has remanded the claims for low back disability, left leg disability, and acquired psychiatric disorder (including PTSD) due to inadequate development in previous examinations.

The Veteran's claim for increased ratings for degenerative arthritis of the lumbar spine with lumbar stenosis and spondylolithesis, left lower extremity radiculopathy, and right-sided sciatica was denied. The rating for left lower extremity radiculopathy and right-sided sciatica from May 9, 2012 to September 24, 2014 was granted at a 40 percent rating.

The Board denied payment of attorney fees from past-due benefits awarded for a TDIU, as the relevant notice of disagreement was filed before June 19, 2007.

The Veteran's claims for service connection for left and right knee disabilities, obstructive sleep apnea, bilateral hearing loss, left and right shoulder disabilities, and thoracolumbar spine disability are being remanded due to the need for additional development.,Service connection is not granted for any of these conditions as the evidence does not meet the criteria for service connection.

The Veteran's claims for service connection are remanded due to the need for additional medical evidence and examinations.

The Veteran's death was not caused by any service-connected disability, and the Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.

The Board denied the Veteran's claims for service connection for a low back disability and an initial rating in excess of 30 percent for PTSD. The Board found that there was no evidence to support the Veteran’s claim for service connection, as his back disability is not related to his military service. For PTSD, the Board noted that the Veteran did not have any mental health issues or treatment records, leading to a denial of an increased rating.

The Veteran's service-connected degenerative changes of the lumbar spine, right knee degenerative joint disease, right elbow degenerative joint disease, and left elbow degenerative joint disease are being remanded for further examination due to increased symptomatology.

The Veteran's claims for service connection for a back disorder and PTSD have been denied as there is no evidence of a link between his current conditions and his active duty service.

The Veteran withdrew his appeal for service connection for lumbar spine degenerative arthritis and degenerative joint disease before the Board could make a decision.

The Board has reopened the Veteran's claim of service connection for lumbar spine strain with arthritis due to new and material evidence, but has remanded it for a VA medical opinion.

The Veteran's claim for service connection for chronic bilateral lower extremity lumbar spine radiculopathy is denied. The rating in excess of 20 percent prior to May 11, 2009, and in excess of 40 percent afterwards, for a lumbar spine disability is also denied.

The Veteran's appeal of claims for service connection for mild superimposed degenerative joint disease at the fact joints, herniated disc, lumbar laminectomy (claimed as lumbar condition due to surgery L4-S1), and a migraine condition is dismissed. The claims for entitlement to service connection for depressive disorder, schizophrenia, and a nervous condition are reopened.

The Veteran's combined rating for service-connected disabilities reached 100% effective July 31, 2012. The Board found that he was not entitled to a TDIU on an extraschedular basis prior to April 3, 2009.,From April 3, 2009, the Veteran met the percentage requirements for a schedular TDIU but his application indicated he was enrolled in college courses and pursuing environmental technology.