Back / lumbar spine decisions — 2019

The Veteran's back disability was rated at various levels, with the highest rating of 40 percent denied. The case is remanded for further development.

The Board has denied the Veteran's claims for service connection for degenerative arthritis of the cervical spine with spinal fusion, degenerative arthritis of the lumbar spine with spinal fusion, and scars (left lower anterior neck and lower back) due to a lack of evidence linking these conditions to his active military service.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disorder and remanded the remaining issues due to need for further development of evidence. The Veteran is required to provide additional medical records, undergo examinations, and complete other tasks as directed by the VA.

The Veteran's cause of death was not caused by or related to his active service. His colon cancer, bladder cancer, and back disability were not incurred in or related to his military service.

The Board has remanded several issues related to the Veteran's service-connected conditions, including right leg phlebitis and PVD, lumbar spine disorder, peripheral neuropathy of upper and lower extremities, and hypertension. The issues include determining whether these conditions are secondary to other service-connected disabilities or if they have been aggravated by them.

The Board has granted an effective date for right lower extremity radiculopathy from July 31, 2014 and a rating of 40 percent for lumbar spine disability with spondylosis since November 16, 2017. The Veteran's left lower extremity radiculopathy is separately rated.

The Board has remanded the Veteran's claims for service connection for lumbar spine disorder, right ankle disorder, and left ankle disorder due to inadequate VA examinations and failure to obtain relevant medical records.

The Board has remanded the Veteran's claims for service connection for various conditions due to insufficient development and lack of medical nexus opinions. The Veteran is required to provide more specific information about his in-service stressors, a VA examination must be provided for psychiatric disorders, and further examinations are needed for the lumbar spine, right knee, left foot numbness, bilateral hip pain, and bilateral lower extremity sciatica.

The Veteran's current diagnoses of lumbosacral degenerative disc disease, spondylosis, and radiculopathy are found to be related to his in-service back injuries. The Board granted service connection for these conditions.

The Veteran's appeal is remanded for further development regarding his claim for a TDIU.,His initial rating for degenerative disc disease and degenerative joint disease of the lumbar spine remains denied.

The Veteran's service-connected back, bilateral knee, and bilateral ankle disabilities are being remanded for additional examinations to assess the current severity of his conditions.

The Veteran's appeals for increased ratings and service connection are being remanded due to the need for additional examinations.,The Veteran is seeking higher initial ratings for his service-connected disabilities, including a TBI with headaches.

The Veteran's service-connected disabilities, notably his PTSD and low back disability, were found to be sufficiently incapacitating as to prevent him from obtaining or maintaining substantially gainful employment for the period from December 1, 2013 to February 24, 2016. A total disability rating based on individual unemployability (TDIU) was granted.

The Board has remanded the cases for further development and readjudication due to recent evidence submitted by the Veteran.

The Veteran's claim for an increased rating for lumbosacral strain with mechanical low back pain is remanded due to the need for a new VA examination and addendum opinion.,The Veteran's claims for service connection of right knee condition, left knee condition, rhinitis, and respiratory condition (including asthma) are remanded due to the need for a new VA examination and addendum opinion.,The Veteran's claim for TDIU is remanded due to the need for VCAA notice and development regarding her employment status since 2010.,The Board requests an opinion from NARA on whether the Veteran was exposed to asbestos while stationed at Fort McClellan.,A VA examiner will provide opinions on the nature and etiology of each claimed condition, including consideration of any asbestos exposure.

The Board has decided to remand the claim for further development, including obtaining updated VA treatment records and scheduling a medical examination. The examiner is asked to provide opinions on whether the Veteran's low back disability is related to service or any other condition.

The Veteran's type II diabetes mellitus was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The preponderance of the evidence of record is against finding that the Veteran has had neuropathy of the left upper extremity at any time during or approximate to the pendency of the claim.,The preponderance of the evidence of record is against finding that the Veteran has had neuropathy of the right upper extremity at any time during or approximate to the pendency of the claim.,The preponderance of the evidence of record is against finding that the Veteran has had neuropathy of the left lower extremity at any time during or approximate to the pendency of the claim.,The preponderance of the evidence of record is against finding that the Veteran has had neuropathy of the right lower extremity at any time during or approximate to the pendency of the claim.,The preponderance of the evidence is against finding that a low back disability began during active service, or is otherwise related to an in-service injury or disease.,The preponderance of the evidence is against finding that a bilateral eye disability began during active service, or is otherwise related to an in-service injury or disease.,The preponderance of the evidence is against finding that Crohn’s Disease began during active service, or is otherwise related to an in-service injury or disease.,Entitlement to service connection for a stroke is remanded.,Entitlement to service connection for hypertension is remanded.,Entitlement to service connection for a heart disability with a heart attack is remanded.

The Board has remanded the Veteran's claims for service connection for a back disability and head/jaw injury residuals due to incomplete records and conflicting medical opinions.

The Board has remanded the Veteran's claims for additional development due to inadequate VA examinations regarding his lumbar spine disability and left lower extremity radiculopathy. The Veteran is seeking higher ratings for these conditions, but the current evidence does not provide sufficient information on the severity of his symptoms during flare-ups.

The Board has granted the Veteran's application to reopen his claim for service connection for a low back disability. However, due to insufficient evidence regarding the in-service injury and training incident, the Board has remanded the case for additional development including obtaining records from Reserve Unit 107 MP Company and any relevant legal documents.