Back / lumbar spine decisions — 2018

The Veteran's claims for higher ratings for lumbar spondylosis with IVDS, right knee instability, and osteoarthritis of the right knee are being remanded due to inadequate VA examinations. The AOJ is instructed to obtain additional evidence and arrange for further VA examinations.

The Veteran's claims for higher evaluations of his service-connected cervical and lumbar spine disabilities, as well as the initial evaluation for his right lower extremity radiculopathy, are denied.,Prior to September 5, 2014, the criteria for an evaluation greater than 20 percent for DDD of the lumbar spine have not been met. Beginning September 5, 2014, the criteria for an evaluation greater than 40 percent for DDD of the lumbar spine have not been met.,The Veteran's initial evaluation for his right lower extremity radiculopathy is denied.

The Board has remanded the Veteran's claims for service connection due to incomplete or insufficient evidence, including a need for additional examinations and opinions regarding his Gulf War Syndrome and related conditions.

The Board has remanded the Veteran's claims for an initial rating for cervical and lumbar spine disabilities due to insufficient evidence, including lack of examination findings regarding flare-ups and repetitive use.

The Board has remanded the issues of whether the January 2018 reduction from 40 percent to 10 percent for a low back condition was proper and entitlement to an evaluation in excess of 10 percent from October 8, 2010, and in excess of 40 percent from April 4, 2016, for a low back condition due to procedural issues.

The Veteran's major depressive disorder is currently rated at 50 percent, and the Board has remanded for further examination regarding his back disability secondary to a service-connected right shoulder disability.

The Veteran's claims for increased ratings and effective dates, as well as his TDIU claim, are being remanded due to the need for additional development and consideration.

The Board has granted the reopening of claims for left foot disability, right foot disability, and low back disability. The cases are remanded to determine if these disabilities were aggravated by active duty training.

The claim for PTSD has been reopened and granted. The claim for a lumbar spine disability is remanded.

The Board denied service connection for muscle weakness, fibromyalgia, low back disability, joint problems (knees and ankles), inability to walk, and neck disability as there is no current evidence of these conditions.

The Veteran's service-connected cervical spine disability is granted at a 40 percent rating, effective from the date of the decision. The Veteran’s hemorrhoid disability and low back disability are also granted with respective ratings. Other issues related to service connection or increased ratings have been remanded.

The Veteran's application to reopen his claim of service connection for a low back condition, right knee disorder, and scars associated with surgery for bilateral gynecomastia was denied. The Board found that new evidence did not raise a reasonable possibility of substantiating the claims, and that there is no direct or secondary service connection for these conditions.

The Board has remanded the case for a new examination to assess the Veteran's degenerative disc disease and for consideration of TDIU on an extraschedular basis.

The Veteran's low back strain is rated at 20 percent, and service connection for tinnitus is granted. The decision on the increased rating for low back strain was denied.

The Veteran's lumbar spine surgery required convalescence until November 30, 2010. The Board granted an extension of a temporary total rating for this period.

The Board has reopened the claims for service connection for lumbar spine disorder, PTSD, and psychiatric disorder due to new evidence showing a link between these conditions and the Veteran's service-connected migraines and bilateral plantar fasciitis. However, the claim remains pending as the merits of the secondary service connection have not been decided.

The Veteran's TDIU claim is remanded for consideration by the Director of Compensation Service due to his service-connected disabilities and inability to secure and follow a substantially gainful occupation.

The Board has denied the Veteran's claims of entitlement to service connection for neck, left hip, and back disorders as new and material evidence was not received.

The Veteran's claims for service connection for a lumbar spine condition, right knee condition, and headaches have been reopened. The Board has remanded the cases to obtain medical opinions regarding the nature and etiology of these conditions.

The Veteran's lumbar spine disability is currently rated at 10 percent from July 27, 2006 through June 26, 2009 and at 20 percent since June 27, 2009. The Board has found the evidence does not support a higher rating for either period.