Back / lumbar spine decisions — 2020

The Veteran's claim of CUE in a December 1987 rating decision is being remanded for further adjudication due to the failure to properly address it.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's lower back disorder and his military service. The claim will be reviewed again with a new medical opinion.

The Veteran's claim for VR&E services to pursue a bachelor's degree in nursing is remanded due to pre-decisional errors and the need for further evaluation by a VRC considering his service-connected disabilities.

The Veteran's chronic fatigue syndrome is granted service connection due to presumed exposure during the Persian Gulf War.,Service connection for a back disability is granted as it is directly related to active service in the Southwest Asia Theater of operations.

The Board has decided to remand the case due to a duty-to-assist error, requiring a new VA examination to address the nature and etiology of the Veteran's lumbar spine disability.

The Board has determined that there is not enough evidence to support a finding that the Veteran's current low back disability is related to his active military service, and therefore denied the claim for service connection.

The Board denied service connection for ischemic heart disease, low back disorder, and left ankle disorder. The Veteran's claims were not based on a presumption of service connection due to exposure to Agent Orange or other specific conditions.

The Board denied the Veteran's claims for service connection for a left hip disability and for increased ratings for his lumbar spine and right hip disabilities. The decision also dismissed his claim for an initial rating in excess of 0 percent for his right hip disability based on limitation of flexion.

The Board has decided to remand the cases of service connection for low back disability and right ankle disability due to duty-to-assist errors. The Veteran's lay statements regarding the onset and continuity of his symptoms will be considered in a supplemental opinion.

The Board has granted service connection for degenerative arthritis of the spine (claimed as a low back condition) due to new and relevant evidence submitted by the Veteran, which shows he was treated for lower back pain during his active duty.

The appeal is granted because the November 2017 Statement of the Case was sent to the incorrect representative, and thus the Veteran's representative filed a timely substantive appeal.

The Veteran's appeals for increased evaluations for radiculopathy of the left lower extremity and DDD and arthritis, IVDS, and status post lumbar fusion were denied. The Board found that the evidence did not support a higher rating based on the severity of his symptoms.

The Veteran's bilateral hearing loss and tinnitus are granted as service connected. The lower back, lacerations of the back, left foot, and left knee disabilities are remanded for further examination.

The Veteran's degenerative disc disease of the lumbar spine was granted a 20 percent evaluation effective June 3, 2019.

The Veteran contends that his current psychiatric disorder, including depression and anxiety, is related to service. The Board finds evidence has been submitted which supports that the Veteran’s sleep apnea may have had its onset during service.,The Veteran also contends that he has insomnia, a back disorder, sciatic nerve pain, right knee disorder, and left knee disorder all related to service. He was exposed to contaminated drinking water at Camp Lejeune.

The Veteran's service-connected disabilities produced total occupational impairment from October 6, 2017. The Board granted an effective date of October 6, 2017 for the assignment of TDIU.

The Veteran's claims for service connection of low back disability, allergic rhinitis, fibromyalgia, and skin disability were denied as the earliest date that entitlement arose is August 7, 2006.

The Veteran's PTSD, cervical spine disability, left foot disability, and other service-connected conditions are all rated at the highest possible level (70%), but his claims for low back disability, radiculopathy of the right leg, bilateral hearing loss, carpal tunnel syndromes, and elbow/thumb disabilities have been denied.

The Board denied the Veteran's claim for SMC based on aid and attendance, finding that he does not meet the criteria to receive this benefit due to his service-connected disabilities. The Veteran was granted SMC for his spouse.

The Board has decided to remand the Veteran's claims of service connection for a back disability and bilateral hearing loss due to the lack of VA examinations prior to adjudication.