Back / lumbar spine decisions — 2019

The Board has remanded the claims for increased ratings and TDIU due to service-connected disabilities, specifically cervical spine injury and lumbar spine injury. The case must be remanded for another VA examination in order to comply with Sharp v. Shulkin (2017) regarding the Veteran's cervical spine disability.

The Board has remanded the Veteran's claims for service connection for left shoulder and mid/lower back disabilities due to inconsistencies in the VA examiner's report and the need for updated VA treatment records.

The Board denied the Veteran's claims for service connection for low back disability and left hip disability, finding that there was no evidence linking these conditions to his military service.

The Veteran's service connection claims for bilateral hearing loss and tinnitus are being remanded due to the submission of new evidence that relates to the current disability element.,The Veteran's service connection claim for left knee disability is being remanded as there is new evidence suggesting a relationship between her in-service miscarriage and residuals, and her current condition.,The Veteran's service connection claims for bilateral plantar fasciitis are being remanded due to her in-service running activities which may have contributed to the development of her current foot conditions.,The Veteran's service connection claim for patellofemoral syndrome of the right knee is being remanded as there is new evidence suggesting a relationship between her in-service running activities and her current condition.,The Veteran's service connection claims for lumbar strain are being remanded due to the submission of new evidence that relates to the nexus element.

The Veteran seeks an earlier effective date for the grant of a 20 percent initial rating for degenerative disc disease of the lumbar spine, but the Board finds that no such effective date is warranted.,The Veteran also seeks an earlier effective date for service connection for left lower extremity and right lower extremity femoral nerve radiculopathy. The Board finds that no such effective date is warranted.

The Veteran's appeals for increased evaluations for degenerative changes of the right shoulder and arm, as well as degenerative joint disease of the lumbar spine, were denied. The evidence did not show that the Veteran’s conditions met the criteria for a higher evaluation under any applicable rating codes.

The Board has granted the Veteran's claim for an effective date of May 8, 2015 for a 40 percent rating for her lumbar spine disc herniation.

The Board has determined that the Veteran's claimed thoracolumbar spine and cervical spine disabilities are not service-connected as they are not related to his military service.

The Board has remanded the case due to a lack of VA treatment records within one year of the March 2011 rating decision, which could potentially be helpful in resolving the Veteran's claim for service connection for a back disability.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, lumbar spine disability, and PTSD have been granted. The Veteran was exposed to loud noise during service which led to current disabilities of bilateral hearing loss and tinnitus. Service connection is also granted for a lumbar spine disability due to in-service injury and for PTSD based on credible reports of witnessing the death of a shipmate.

The Board has dismissed the appeal for asbestosis due to the Veteran's withdrawal. The claims for diabetes, bilateral hearing loss, and lumbar spine DDD are remanded.

The Board has remanded the issue of rating in excess of 20 percent for degenerative disc disease of the lumbar spine due to inadequate VA examinations and missing VA treatment records.

The Board has determined that further development is necessary due to the potential of worsening in the Veteran's PTSD and lower back disability, as well as his TDIU claim. The Veteran will need to undergo VA examinations for both conditions and a review of his employment history.

The Board denied the Veteran's claims for service connection for lower back and left hip disorders, finding that there was no evidence to support a relationship between these conditions and his service-connected disabilities.

The Veteran's appeal for service connection for migraine headaches and neck disability has been dismissed.,The Veteran's claim for a higher rating for his lumbar spine disability is remanded.

The Board has decided to remand the case due to incomplete opinions from VA specialists regarding whether the Veteran's kidney stones, hypertension, GERD and hiatal hernia, sinusitis, costochondritis, and DDD are related to VA treatment. The AOJ needs to obtain additional information and addenda from the provided specialists.

The Board has decided to remand the cases for further development due to insufficient opinions on whether the Veteran's sleep apnea and low back disability are secondary to his service-connected right foot disability.

The Board has remanded the claims for hearing loss, tinnitus, low back disability, and sleep apnea due to insufficient medical opinions regarding their etiology. The Appellant is requested to undergo further examinations to provide a clear opinion on whether his conditions are related to service.

The Board has determined that the Veteran's claim for service connection for hypertension should be reopened and remanded. The other issues are also being remanded.

The Board has remanded several claims for further development, including service connection for various disabilities and a rating for lumbar spine disability. The Veteran's claims are pending resolution.