Back / lumbar spine decisions — 2018

The Board has remanded the claims of service connection for a low back disorder, a disorder of the left leg (including degenerative joint disease of the left hip), hepatitis C, and epididymitis due to the need for additional development.

The Veteran's lumbar spine disability was rated at 20% from November 16, 2006 to July 1, 2008. The Board granted a 40% rating for this period based on the limitation of motion and functional loss due to pain.

The Veteran's TDIU claim is remanded due to conflicting evidence regarding his employment history and the nature of his service-connected disabilities.

The Board has remanded the case due to new evidence submitted by the Veteran, and it will be readjudicated with consideration of this additional information.

The Board has decided to remand several claims, including those for increased ratings and service connection for somatic symptom disorder, laryngeal irritation, chronic lumbar spine strain, right lower extremity radiculopathy, left lower extremity radiculopathy, and a genitourinary disability. The reasons are the need for new VA examinations to determine current severity of these conditions and to obtain relevant federal records.

The Board has decided to remand two issues related to the Veteran's spine and nerve conditions due to new evidence being added to the record, as well as the need for a VA examination.

The Veteran's thoracolumbar strain is currently rated at 10 percent, but the Board found that it does not meet the criteria for a higher rating as there was no evidence of forward flexion of 60 degrees or less, combined range of motion of 120 degrees or less, or functional loss due to pain or flare-ups.

The Board has granted a 40 percent rating for lumbosacral strain with disc disease from June 17, 2008 to November 13, 2010. The Veteran's disability is rated under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for clothing allowances were denied as his left leg/knee brace did not tend to wear or tear his clothes, the capsaicin cream was used for a service-connected musculoskeletal disability and not a skin condition, and he did not meet eligibility requirements for bilateral knee braces issued in 2015.

The Veteran's cervical strain and lumbosacral strain are not currently rated higher than the assigned percentages.,Prostate cancer status post radiation therapy, hypertension, erectile dysfunction, and sleep apnea have specific rating criteria that do not allow for a greater rating under current regulations.

The Board has remanded the claim for service connection for an acquired psychiatric disorder (PTSD and depression) due to insufficient information to verify a claimed in-service stressor.,Service connection cannot be granted for neck disability, thoracolumbar spine disability, left ear hearing loss, or right ear hearing loss as there is no competent evidence linking these conditions to the Veteran's military service.

The Board has dismissed all service connection claims due to the Veteran's death.

The Veteran's disabilities do not meet the criteria for special monthly pension based on need for aid and attendance or housebound status.

The Board has decided to remand the cases for additional development, including obtaining treatment records and scheduling a VA examination.

The Board has granted service connection for the Veteran's back disability, but denied service connection for his left and right knee disabilities. The case is remanded to obtain a medical opinion regarding the cause of the Veteran's right knee disability.

The Board denied service connection for a right shoulder disability, low back disorder, and left hip disorder. The Veteran's right shoulder condition is not related to his military service as there was no chronic right shoulder disability in service or after separation. For the low back disorder, the Veteran did not have arthritis within one year of separation from service, and the Board found that the current back disability was not caused by an in-service injury. The left hip disorder claim was denied because there is no evidence of a diagnosis of arthritis within a year of separation. Service connection for lung cancer due to asbestos exposure was also denied as there was no objective medical evidence indicating such a condition.,The Veteran's right shoulder, low back, and left hip conditions were not found to be related to his military service.

The Veteran's claims for service connection for residuals of a 3rd and 4th finger sprain of the right hand and low back disability are denied. The case is remanded to obtain additional medical opinions regarding the low back disability.

The Veteran's PTSD is granted as it is at least as likely as not related to her military sexual traumas. The other conditions are denied due to lack of current diagnoses or no link to service.

The Veteran's claim for higher ratings for his thoracolumbar spine intervertebral disc syndrome and sciatic nerve involvement of the left and right legs was denied.,The Veteran is not entitled to a rating higher than 40 percent for orthopedic manifestations of thoracolumbar spine IVDS, as there are no findings of unfavorable ankylosis or incapacitating episodes.

The Veteran's claims for compensation under 38 U.S.C. § 1151 and TDIU are remanded due to insufficient evidence regarding the cause of his back disability.