Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for degenerative joint disease of the lumbosacral spine, higher initial rating for right lower extremity radiculopathy, and ratings for left lower extremity radiculopathies. The Veteran is also being asked to complete a VA Form 21-8940 to address his claim for TDIU.

The Board has remanded the claims for an increased rating for low back strain, TDIU, and initial MDD rating due to missing supplemental statements of the case (SSOC).

The Board has granted service connection for right knee and lumbar spine disorders, finding that they are aggravated by the Veteran's service-connected left knee disability.

The Veteran's appeal is remanded for a VA examination to quantify the functional impairment of his service-connected low back disability during flare-ups, and for obtaining updated treatment records.

The Veteran's chronic post-traumatic headaches have been rated at the maximum allowable rating of 50 percent since November 23, 1998.,Effective from November 16, 2004, the Veteran is granted a TDIU based on his service-connected disabilities.

The Board has granted service connection for a low back disability, but denied service connection for major depressive disorder (already service-connected), right ankle disability, and right knee disability. The right shoulder disability remains under review.,The Veteran's right knee and right shoulder disabilities are remanded for additional examination and opinion.

The Board has remanded the Veteran's claims for service connection for degenerative arthritis of the cervical spine and thoracolumbar spine disability due to inadequate VA examination, lack of medical records from private providers, and need for updated medical opinions.

The Board has dismissed the appeal as the appellant died during the pendency of the appeal.

The Board has remanded the Veteran's claims for lumbar spine and left knee disabilities due to insufficient evidence regarding their etiology. Additional examinations are needed to determine if these conditions are related to service, including his time as a parachutist and an in-service motor vehicle accident.

The Board has remanded the case due to insufficient evidence regarding the Veteran's neck disability and its relationship to his service, particularly as a pilot. The Veteran is requested to provide additional medical records and undergo a VA examination.

All initial claims for increased ratings were dismissed as the Veteran requested withdrawal of his appeal. The restoration of a 50% rating for major depressive disorder was granted effective December 1, 2015. Earlier effective dates of May 22, 2014 were granted for increased ratings for lumbar spine and cervical spine disabilities.

The Board has remanded the case for a new examination to comply with Correia and Sharp requirements, as the previous examinations did not adequately address functional loss due to pain or flare-ups.

The Veteran's service-connected disabilities have precluded her from securing and following substantially gainful employment since September 19, 2016.

The Board has determined that a 40 percent disability rating is warranted for the Veteran's lower back disability throughout the period of the claim. The claims for service connection for right shoulder, thigh, knee, ankle, and PTSD disabilities are remanded due to lack of evidence or new and material evidence. The issue of entitlement to a higher rating for GERD remains on appeal.

The Board has granted a 20 percent disability rating for the Veteran's back disability, effective from August 21, 2019. The left leg radiculopathy is rated at 10 percent and remains unchanged.

The Board has remanded the Veteran's claims for service connection and effective date determination due to new evidence added by VA, as well as issues regarding his thoracolumbar spine condition(s), left shoulder condition(s), bilateral hand condition(s), and heart condition(s).

The Board has denied service connection for a low back disability and remanded the issue of service connection for a bilateral knee disability. The denial is based on insufficient evidence to establish that any current disabilities are related to military service.

The Board has remanded the case due to inadequate VA examinations and requests for additional information.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no link between his military service and his current condition. The evidence did not support the Veteran's assertion that he injured his back during service.

The Veteran's claim of service connection for a bilateral hip disability and degenerative disc disease with lumbar disc herniation is partially granted. The issue of service connection for the bilateral hip disability remains pending as it was remanded due to insufficient evidence.