Back / lumbar spine decisions — 2019

The Board has remanded the case for further development regarding service connection for asthma due to asbestos exposure during military service. The lower back and right knee disability claims are still pending.

Service connection for tinnitus is granted. The Veteran's low back residuals of soft tissue sarcoma are rated at 40 percent prior to December 10, 2015 and in excess of 40 percent thereafter. Bilateral hearing loss and radiculopathy of the right lower extremity do not warrant a compensable initial rating.

The Veteran's claims for service connection for left knee osteoarthritis, right knee osteoarthritis, and lumbosacral strain are being remanded due to the need for a VA examination.

The Board has remanded the Veteran's claims for service connection due to outstanding private treatment records and additional medical opinions are needed.

The Veteran's PTSD, cervical and lumbar spine disabilities are being remanded for further evaluation as the current ratings do not reflect the severity of his symptoms.

The Veteran's lumbar strain was not found to warrant an increased rating greater than 20 percent. The Board also denied the claim for a TDIU as his combined disability rating is 40 percent, which does not meet the threshold requirement.

The Veteran's current neck and back disabilities are granted as service-connected due to their onset during service, with the presumption of soundness being rebutted.

The Board has remanded the claims for a rating in excess of 40 percent for a lumbar spine disability prior to May 6, 2014, and for ratings in excess of 10 percent for bilateral lower extremity radiculopathy. The TDIU claim is also being remanded.

The Board has remanded the claims for service connection for back and right hip disorders, as well as the rating claim for osteoarthritis of the right knee. The TDIU claim is also being remanded.

The Veteran's right ankle, low back, right knee, left knee, and right shoulder disabilities are granted as secondary to service-connected conditions.,The Veteran's radiculopathy of the left and right lower extremities is denied.

The Veteran's low back disorder, left knee patellar dislocation, and right knee patellar dislocation are granted service connection as direct service connection. The Veteran's left shin splints, right shin splints, left ankle disorder, and right ankle disorder do not meet the criteria for service connection.

The Veteran's claim for increased rating of his back disability was denied. He is currently rated at 20% for the period after February 14, 2018.

The Board has remanded the case due to a lack of clarification in the May 2012 VA medical opinion regarding the Veteran's low back disorder. The examiner needs to provide an explanation for attributing the current disability solely to the work incident without the first work report, and consider any Workers' Compensation records if available.

The Veteran's appeal for service connection on the merits was denied. The claims were remanded for further action.

The Veteran's PTSD, back disability, and neck disability claims are all denied. The PTSD claim is partially granted with a 100% rating effective September 13, 2018. The back and neck disabilities remain at their current ratings.

The Veteran's claims for service connection and increased ratings are remanded due to missing VA treatment records. The TDIU claim is also remanded as it is intertwined with the rating claims.

The Veteran's claims for increased ratings, TDIU, SMC, and a 1151 claim are being remanded due to the need for additional development including VA examinations.

The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's lumbar spine disability is aggravated by his service-connected abdominal adhesions and whether it is due to the core weakness residual from his service-connected stab wound.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to inadequate examination and failure to consider lay statements regarding in-service injury and continuity of symptoms.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to inadequate examination and consideration of lay statements regarding in-service injury and post-service symptoms.