Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded due to inadequate development of his claim for a total disability rating by reason of individual unemployability (TDIU). The AOJ must ensure that the Veteran undergoes an adequate VA examination and obtain an opinion regarding whether his service-connected disabilities, including his psychiatric disorder, hearing loss, tinnitus, epicondylitis of the right elbow, and low back disability, preclude him from securing or maintaining substantially gainful employment.

The Veteran's claim for increased ratings for his service-connected thoracolumbar spine degenerative disc disease with thoracolumbar spondylosis is being remanded due to the need for clarification of a private physical therapy evaluation and additional VA examination.

The Veteran's cervical spine disability has been rated at 20 percent since November 20, 2008.

The Veteran's lumbar spine, headaches, and obstructive sleep apnea are found to be related to his service-connected left knee disability. The effective dates for the grant of service connection for hearing loss and tinnitus have been established.

The Board has determined that the Veteran's claimed conditions, including bilateral flat feet (pes planus), back disability, neck disability, and headaches, are not service-connected.

The Board has remanded the case for additional development, including obtaining private treatment records and VA records.

The Veteran's claim for service connection for traumatic headaches has been granted, with a rating of 30 percent effective February 20, 2017.,Prior to February 20, 2017, the Veteran was not entitled to any compensation for his headaches.

The Board finds that the evidence is in relative equipoise as to whether the Veteran requires the aid and attendance of another person to protect him in his daily environment due to service-connected disabilities. As such, entitlement to special monthly compensation based on the need for aid and attendance is granted.

The Board has remanded the case for additional development, including obtaining treatment records from the Savannah Vet Center and considering the claims for earlier effective dates for TDIU and DEA.

The Veteran's claim for a higher rating for low back strain associated with postoperative residuals, lateral and medial meniscectomy with degenerative changes, right knee is being remanded due to the need for additional development.

The Veteran's service-connected lumbar spine disability, right leg sciatica, and left leg sciatica have not been found to warrant a higher rating based on the severity of his symptoms.

The Veteran's appeal is being remanded for a Board videoconference hearing to address his claim of entitlement to a total disability rating for individual unemployability due to the service-connected disabilities (TDIU).

The Board has remanded the case for additional development due to inadequate medical opinions and compliance with prior remand directives.

The Board has decided to remand the case for a new VA examination and additional development of records, including private treatment records from San Leandro Hospital.

The Veteran asserts a current back disability that had its onset during his period of service. The Board finds the low threshold for VA examination has been met and requests additional treatment records and a VA spine examination to determine if the Veteran's back disability is related to his military service.

The Veteran's appeal is being remanded for additional examinations and to obtain VA treatment records. The issues of increased ratings for hearing loss, tension headaches, cervical spine disability, and right upper extremity radiculopathy are pending.

The Veteran's claims for service connection for bilateral hearing loss, residuals of bilateral inguinal hernias, migraine headaches, and low back disability have all been denied as there is no evidence to support the presence or causation of these conditions during his military service.

The Board has reopened the claim of service connection for left ear hearing loss and granted it, finding that the Veteran's pre-existing hearing loss was aggravated by his military service. The right knee disability and lower back disability claims are remanded due to inadequate examination findings.

The Board has determined that the Veteran's lumbar spondylosis and left foot posterior tibial dysfunction with pes planus and hammertoes are secondary to his service-connected knee disabilities.,Both conditions have been found to be at least as likely as not related to his service-connected knee disabilities.

The Board denied the Veteran's claims for increased ratings for his right sacroiliac joint strain with degenerative disc disease of the lumbar spine and left knee degenerative joint disease, finding that the evidence did not support a higher rating under any applicable diagnostic codes.