Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for her back and knee disabilities, as well as her sleep condition due to incomplete examinations and consideration of all relevant evidence.

The Veteran's depressive disorder is granted as secondary to his service-connected migraine headaches and tinnitus. His migraine headaches are rated at 50% effective August 8, 2014. The claims for obstructive sleep apnea, back condition, left foot condition, right foot condition, and high blood pressure are remanded.

The Veteran's appeal is remanded for further examination and evaluation of his tinnitus, left knee pain, lumbar strain, and right knee arthralgia. The VA will obtain updated medical records and schedule the Veteran for examinations to determine the nature and etiology of these conditions.

The Veteran's lumbar strain is rated at 10 percent prior to September 6, 2013 and denied for a rating in excess of 10 percent beginning September 6, 2013. The Board found the evidence did not meet criteria for higher ratings based on functional loss due to pain or weakness.

The Board has remanded the case for further development due to an inadequate examination by a nurse practitioner. The Veteran's current back disability is being evaluated again with a different examiner.

The Veteran's major depressive disorder is rated at 50 percent, and he has been granted a total rating based on individual unemployability since January 1, 2014.

The Board has decided to remand the case due to incomplete records and need for further examination regarding the Veteran's back condition, which may be related to his service-connected bilateral pes planus with plantar fasciitis or any events during service.

The Veteran's peroneal nerve neuritis with lumbar radiculopathy of the left lower extremity is rated at 40 percent effective September 11, 2015. The Veteran also received a separate rating for his right lower extremity radiculopathy.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to May 19, 2011 due to service-connected disabilities. The evidence showed that the Veteran was unable to secure or follow a substantially gainful occupation due to his back and heart conditions.

The Board has remanded the case for further development and consideration of service connection for an upper back disorder, including cervical and/or thoracic spine issues, nerve disorders, and muscle disorders. The Veteran's representative requested clarification on the relationship between pre-service symptoms and current conditions.

Service connection for tinnitus is granted.,The effective date for the grant of service connection for PTSD is set at July 23, 2012.,An effective date prior to July 23, 2012 for a 20 percent rating for lumbar spine disability is denied.

The Board has determined that additional development is needed to properly evaluate the Veteran's service-connected disabilities, including obtaining updated treatment records and conducting examinations to assess the severity of his lumbar spine, knee, and hip conditions.

The Board denied service connection for atrial fibrillation, granted service connection for degenerative arthritis of the lumbar spine (low back disability), and granted service connection for celiac disease. The Veteran does not have a current diagnosis of atrial fibrillation or residuals thereof. There is no medical opinion linking his low back disability to service. Service connection was granted for celiac disease based on continuity of symptomatology since service.

The Veteran's petition to reopen claims for migraine headaches, skin disorder of the face, and other conditions were granted. The remaining issues related to back disability, stomach disability, asthma, diabetes, acquired psychiatric disorder, COPD, and irritable colon syndrome are remanded.

The Veteran's spinal and back condition was granted service connection. The Veteran's migraines were granted a 30 percent rating beginning May 15, 2013.

The Board has remanded the claims for bilateral pes cavus, back condition, left leg condition, and right leg condition as secondary to bilateral pes cavus due to potential issues with service connection.

The Veteran's appeal for service connection for back condition was withdrawn before a decision could be made by the Board.

The Veteran's cervical spine disability was not rated higher than 10 percent prior to February 9, 2016 and was not rated higher than 30 percent after that date.,Prior to October 27, 2014, the Veteran's lumbar spine disability did not warrant a compensable rating. Beginning October 27, 2014, and prior to February 9, 2016, he was granted a 20 percent rating for this condition.,Beginning February 9, 2016, the Veteran's lumbar spine disability did not warrant a higher than 40 percent rating.

The Veteran's claims for a rating in excess of 10 percent for chronic sinusitis and allergic rhinitis have been denied.,The Veteran's applications to reopen the previously denied claims for diarrhea, abdominal pain, cramps, vision disability, hemorrhoids, thyroid disability, laryngitis, tachycardia, migraine, respiratory disorder (bronchial asthma), and a fatty liver and liver cysts have all been denied due to lack of new and material evidence.,The Veteran's applications to reopen the previously denied claims for gastritis, reflux, duodenitis and/or diverticulitis, hiatal hernia, cervical disability, bilateral hand disability, bilateral leg disability, back disability (claimed as radiation of pain to the back and right side of body), left shoulder disability, vesicular disorder of the bilateral leg, gallbladder disability have all been granted due to new and material evidence.

The Board has remanded the Veteran's claims of service connection for left wrist ganglion cyst and thoracolumbar spine degenerative disc disease due to insufficient evidence regarding their etiology. The Veteran must be provided with VA examinations to determine if his disabilities are related to military service.