Back / lumbar spine decisions — 2019

The Board has remanded the claim of service connection for a back disability, as it is unclear whether the Veteran's pre-existing condition worsened during service or if it was caused by his service-connected flat feet. The case will be returned to the AOJ for further development and consideration.

The Veteran's claims for service connection for an eye disability and a back disability have been denied. The claim of entitlement to a compensable rating for a left eye scar is remanded, as are the issues regarding a rating in excess of 10% for headaches and TDIU.

The Board has decided to remand the case due to the need for additional development, including obtaining a VA medical opinion regarding the etiology of the Veteran's low back disorder.

The Veteran's lumbar spine disability is rated at 20% from March 2, 2011 to August 11, 2014 and a separate 50% rating for migraine headaches is granted effective October 24, 2012. The appeal for higher ratings on other issues remains pending.

The Board has remanded the issue of service connection for a low back strain, to include as secondary to service-connected endometriosis, due to insufficient evidence regarding whether the condition is directly related to service or aggravated by the service-connected disability.

The Board has remanded the claims for service connection and TDIU due to inextricably intertwined issues, specifically a claim of clear and unmistakable error (CUE) regarding the severance of service connection for a lumbar spine disability.

The Veteran's claims for increased ratings and TDIU were denied as the evidence did not show that his lumbar spine disability or radiculopathy of the left lower extremity warranted higher ratings, nor was there sufficient evidence to establish unemployability due to service-connected disabilities.

The Board previously denied the claim for a higher rating for lumbar strain. The Veteran appealed and the Court ordered the case back to the Board with new evidence added since the last decision. The case is now remanded for further review of the new evidence.

The Veteran's claims for service connection for back, right knee, and left knee disorders have been withdrawn by the Veteran.,Service connection is granted for tinnitus. The Board finds that the evidence is in equipoise as to whether the Veteran’s tinnitus was related to his military service.

The Board has decided to remand the Veteran's claims for service connection for back and cervical spine disabilities, as they may be related to her bilateral knee disability. The Veteran will need to provide updated medical records and undergo VA examinations to determine the nature and etiology of these conditions.

Entitlement to an initial rating in excess of 10 percent for service-connected DJD of the left hip with limitation of flexion prior to November 7, 2017 has been dismissed.,Entitlement to an initial rating in excess of 10 percent for service-connected DDD of the lumbar spine prior to September 21, 2018 has been dismissed.

The Veteran's SMC claims are remanded for further development and adjudication, including a VA examination to determine the extent of his service-connected disabilities and their impact on his ability to perform daily activities.

This decision grants an earlier effective date of August 1, 2014 for a 40% rating for spondylolysis of L4, anterolisthesis of L4 on L5 and facet syndrome of the lumbar spine. The Veteran's claim is also granted for an earlier effective date of August 1, 2014 for a 30% rating for pes planus.,An earlier effective date of October 12, 2016 was denied for the assignment of a 30% rating for pes planus.

The Veteran's claim for service connection for a back disability, including sciatica and low back pain, has been reopened due to the submission of new evidence. The Board has determined that the Veteran had continuous symptoms since service and finds that service connection is warranted.

The Board has remanded the claims due to missing service treatment records from the Veteran's Army Reserve service.

The Board denied service connection for low back, right knee, and left knee disabilities due to a lack of evidence showing the current conditions are related to service.,Service records show diagnoses of low back pain, right knee tendonitis, and left knee tendonitis in service. However, no chronic disability was found at separation or within years after service.

The Board has remanded the Veteran's claims for esophageal disability, intestinal disability, lumbar spine disability, and cervical spine disability due to incomplete or insufficient medical opinions provided by VA examiners. The claims are being returned for additional examinations and opinions that address direct service connection.

The Veteran's lumbar spine surgery was related to his service-connected lumbosacral strain. The Board granted a temporary total disability rating for convalescence following the surgery and a 40 percent evaluation for the period from March 12, 2015.

The Board has decided to remand the case due to insufficient medical opinions and missing treatment records, requiring a VA examination to determine if the Veteran's low back disability is related to his service.

The Board has not fully addressed the service connection claim due to lack of substantial compliance with previous remand directives. The case is being returned for further action.