Back / lumbar spine decisions — 2018

The Board found that the procedural requirements for reducing the Veteran's disability ratings were followed, and the reductions from 60%, 40%, and 40% to 20%, 10%, and 10% respectively are granted.

The Board has remanded the Veteran's claims for additional development due to outstanding treatment records and verification of claimed stressors. The Veteran is also scheduled for VA examinations to determine the nature and etiology of his low back disability, BHL, tinnitus, and acquired psychiatric disability.

The Veteran's low back disability, including spondylosis with diffuse bulging of the annulus and neural foraminal stenosis at L3-4 and L4-5, is found to be related to his military service as a corrections officer and military police officer. The claim for service connection has been reopened and granted.

The Board denied the Veteran's claim for service connection for a lumbar spine disability as there was no evidence showing it was incurred in or aggravated by service.

The Veteran's low back disability is currently rated at 20 percent, and the appeal for a higher rating has been denied.,Her left lower extremity radiculopathy is also rated at 20 percent.

The Veteran's claim for a higher rating for lumbar strain was denied, and his TDIU claim was also denied. The Board found that the evidence did not warrant a rating in excess of 20 percent for the service-connected lumbar strain.

The Board has decided to remand the Veteran's claims for service connection for low back disability, bilateral ear disability, and sinus condition/allergic rhinitis due to inadequate examination reports. The claims are being returned for further evaluation.

The appeal is dismissed due to the Veteran's death, and no service connection issues remain.

The Board has determined that the Veteran's TDIU claim should be remanded for a determination on whether he meets the criteria for extraschedular TDIU prior to July 11, 2014. The case will also be referred to the Director of Compensation and Pension Service for further review.

The Veteran's claim for an effective date prior to June 18, 2014 for a 100% rating for PTSD was denied as there is no factually ascertainable evidence showing total occupational and social impairment due to PTSD in the year prior to June 18, 2014.,The Veteran's claim for an effective date prior to June 18, 2014 for a 10 percent rating for Lumbar Spine Strain with Intervertebral Disc Syndrome was denied as there is no factually ascertainable evidence showing the severity of her lumbar strain met the criteria for a 10 percent rating in the year prior to June 18, 2014.

The Veteran's lower back disability is rated at 40 percent since September 21, 2018. For the period prior to that date, a higher rating was denied as his range of motion did not meet criteria for an increased rating.

The Veteran's appeal is remanded due to non-compliance with previous remand directives and the need for a new VA examination.

The Board denied service connection for a lumbar disorder, bilateral hearing loss, and tinnitus as the evidence did not support a link to service or any presumptive conditions.

The Veteran's claims for effective dates prior to August 3, 2011 and August 17, 2016 for service connection of radiculopathy and sciatica associated with his lumbosacral strain have been denied.

The Board denied service connection for lumbar degenerative disc disease, finding that the condition was not caused or aggravated by service and is not related to a service-connected right knee disability.

The Veteran's claim for a higher rating for his degenerative disc disease (DDD) L4-5, L5-S1 is denied as the disability does not meet or approximate the criteria for a rating in excess of 40 percent since July 1, 2016.

The Veteran's lumbar spine disability is rated at 10 percent prior to April 1, 2018. A separate 10 percent rating for right lower extremity radiculopathy and a separate 10 percent rating for left lower extremity radiculopathy are granted effective July 17, 2017.,The Veteran's service connection claims for bilateral foot disability, bilateral wrist disability, and bilateral hand/knuckle disability remain pending. The TDIU claim is also pending.

The Veteran's appeal is remanded for additional examinations and opinions regarding his service-connected conditions, as well as the relationship between his current disabilities and his service.

The Veteran's application to reopen the claim for hiatal hernia was granted, and service connection for hypertension, PTSD, obstructive sleep apnea, migraine headaches, lumbar spine disability, major depressive disorder, right little finger ankylosis, bilateral hearing loss, tinnitus, gastroesophageal reflux disease (GERD), and radiculopathy of the left lower extremity was denied. The Veteran's claim for increased evaluations for various conditions was also remanded.

The Board has determined that the Veteran's complete service treatment records are incomplete and needs to be obtained. The claims for service connection will be remanded until VA can obtain these records.