Back / lumbar spine decisions — 2019

The Board has remanded the case due to inadequate VA examinations and requests for additional information regarding functional loss during flare-ups.

The Board has determined that additional service medical records are needed to support the Veteran's claims for various conditions. The case is being remanded to obtain these records.

The Veteran's cervical spine disability is granted as secondary to his service-connected lumbar spine disability. The Veteran's lumbar spine disability, which includes radiculopathy of the lower extremities, is denied for an evaluation in excess of 40 percent.

The Board denied service connection for bilateral hearing loss, obstructive sleep apnea, and lumbar spine disability. The case is remanded for further development.,Service connection was not granted for hypertension due to the lack of a nexus opinion regarding herbicide exposure.

The Board is remanding two issues related to unauthorized medical expenses. The main issue is the pending service connection claim for bilateral hearing loss, tinnitus, and lumbar strain. The Board will address these claims after resolving the pending NOD.

The Board has remanded the case due to concerns about the evidentiary value of a previous VA examination, particularly regarding the Veteran's original service-related back injury and subsequent back pain.

The Veteran's myofascial lumbar syndrome was granted a rating of 20 percent effective October 8, 2018. His lower right extremity radiculopathy was also granted a rating of 20 percent effective October 8, 2018.

The Board denied service connection for degenerative disc disease of the lumbar spine, muscle pain in bilateral hands, bilateral eye disability, and bilateral lower leg condition as there was no evidence that these conditions began during active service or were related to an in-service injury.

The Board has decided to remand the case due to insufficient evidence regarding the nature and etiology of the Veteran's back disability, including whether it is related to service or any other incident.

The Veteran's claim for an increased evaluation for lumbar spondylosis L5 with spondylolisthesis at L5-S1, currently rated as 20 percent disabling, has been denied. The VA examiner found no evidence of unfavorable or favorable ankylosis and noted that the Veteran’s forward flexion was within normal limits.

The Veteran's service-connected depression and back disability prevent him from securing or following substantially gainful employment, thus meeting the criteria for a total disability rating based on individual unemployability.

The Board denied the Veteran's claims of service connection for low back, neck, and left hip disabilities due to a lack of current diagnoses during the appeal period.

The Board has denied service connection for bilateral hearing loss disability and remanded the issue of secondary service connection for back disability due to right knee disability.

The Board has dismissed the Veteran's appeals for lower right leg, upper right leg, and right inguinal hernia repair residuals disorders. The appeal is remanded to determine the etiology of his back disorder.

The Veteran's claim for an earlier effective date for partial transvaginal hysterectomy without oophorectomy was denied.,An increased rating of 100 percent for major depressive disorder and panic disorder without agoraphobia is granted, subject to controlling regulations governing the payment of monetary awards.,The Veteran's claim for an increased (compensable) rating for hypertension was denied.,The Veteran's claim for a higher initial rating for migraines was denied.,SMC pursuant to 38 U.S.C. § 1114(s) is granted, subject to controlling regulations governing the payment of monetary awards.,Higher initial ratings for right and left lower extremity radiculopathy are remanded.,The Veteran's claim for an increased (compensable) rating for gastroesophageal reflux disease (GERD) and hiatal hernia is remanded.,SMC pursuant to 38 U.S.C. § 1114(s) prior to June 23, 2014 is remanded.,A TDIU due to service-connected disabilities from August 1, 2013 through June 22, 2014 is granted.

The Board has granted service connection for lumbar spine disc disease and spinal stenosis, as well as cervical spine disc disease and spinal stenosis. The issue of entitlement to TDIU based on these conditions is also remanded.

The Board denied service connection for a lumbar spine disability, obstructive sleep apnea (OSA), and back lipoma. The Veteran's claims were remanded for additional examinations on bilateral hand disabilities, cervical spine disability, bilateral foot disabilities, and bilateral ankle disabilities.,Service connection was not granted for the Veteran's claimed conditions as there is no evidence of a current disability related to his military service.

The Board has decided to remand the cases for further examination and opinion regarding service connection for a lumbar spine disability and an acquired psychiatric disorder. The Veteran's claims are not related to any specific exposure basis, such as Agent Orange or Camp Lejeune.

The Board has remanded the Veteran's claims for service connection for various disabilities, including a back disability, necrosis of the hip, GERD, and sexual dysfunction. The issues are related to whether these conditions are secondary to his service-connected membranous glomerulonephritis (MP).

The Veteran's increased rating claim for L4-L5 degenerative disc disease and right sciatica and decreased sensory neuropathy in the L4-L5 region was granted, with a disability rating of 20 percent. The effective date is not specified.