Back / lumbar spine decisions — 2018

The Board has determined that the VA etiological opinion is inadequate and requires additional examination to address all relevant in-service and current diagnoses, as well as the Veteran's reported history of chronic lower back pain.

The Veteran's appeal for an increased evaluation of his service-connected low back disability and TDIU claim are both being remanded due to the need for additional evidence and examination.

The Veteran's service-connected disabilities, including fibroids, painful scars status post breast reduction surgery and hysterectomy, lumbar sprain, supra-cervical hysterectomy, and lupus, resulted in a combined disability rating of at least 70 percent from May 13, 2003, to January 29, 2011, and from December 1, 2011, to February 19, 2013. The Veteran was unable to secure or follow a substantially gainful occupation due to her service-connected disabilities during these periods.

The Board has remanded the cases for further development due to disputes regarding the Veteran's service connection claims, particularly concerning his left and right ankle disorders. The issues are related to whether these conditions were incurred or aggravated during periods of active or inactive service.

The Veteran's appeal is remanded due to the need for additional examinations and medical opinions regarding his claimed disabilities, including residuals of a right eye injury, neck disability, back disability, bilateral upper extremity neurological disorder, bilateral lower extremity radiculopathy, left shoulder disability, and bilateral hearing loss. The appeals are related as they all involve service connection claims.

The Board has granted service connection for a lumbar spine disorder and a left knee disorder, finding that both conditions are related to the Veteran's military service.

The Board has reopened the Veteran's claim for service connection for a low back disability and left hip strain and arthralgia, but has remanded both claims due to insufficient evidence. The low back disability is related to in-service injuries, while the left hip strain and arthralgia may be aggravated by the service-connected left knee disability.

The Board denied service connection for right hip, right shoulder, cervical spine, and lumbar spine disabilities. The decision found that the current conditions are not related to active service.

The Veteran's service-connected chronic lumbosacral strain is currently rated at 20 percent, and the Board finds no basis for an increased rating.

The Veteran's claims for increased evaluations of his service-connected arm length discrepancy, nerve damage of the right forearm, spondylolisthesis of the lumbar spine, and impingement of the sciatic nerve affecting the left and right lower extremities are being remanded due to inadequate examinations.

The Board has decided to remand the Veteran's claims for increased ratings and TDIU due to conflicting evidence, need for updated VA treatment records, and the requirement of a complete VA Form 21-8940 application.

The Board denied service connection for kyphoscoliosis (back disability) and dismissed the claim for a total disability rating based on individual unemployability (TDIU). The Veteran's loss of bilateral lower extremities due to multiple sclerosis is rated at 100 percent, which meets the criteria for SMC under 38 C.F.R. § 1114(s).

The Veteran's appeal for a higher level of SMC for loss of use of bilateral hips was denied as he is already receiving the maximum rate of compensation authorized under 38 U.S.C. § 1114(p) for his loss of use of lower extremities.

The Board denied the Veteran's claims of service connection for a low back disability and an earlier effective date for PTSD. The Board found that there is no current diagnosis of a low back disability, and the Veteran did not file a claim or express intent to file a claim prior to October 15, 2015.

The Board denied service connection for left hip, left knee, and lumbar spine disabilities. The claims for right hip and right knee disabilities were also denied.

Service connection for bilateral hearing loss, neck condition, and right hip condition is denied.,Service connection for depressive disorder is dismissed due to a grant of service connection for an acquired psychiatric disorder.

The Board has determined that further development is needed to determine the nature and likely cause of any neck, bilateral knee, breathing, and back disabilities. The Veteran's claims for service connection are remanded.

Service connection is granted for degenerative changes of the lumbar spine, residuals of a right hand shock injury, left great toe injury residuals, and cold injury residuals of the right and left toes.,The effective date for service connection remains July 12, 2013.

The Veteran's low back disability is now rated at 60 percent effective November 11, 2004. The right lumbosacral radiculopathy remains rated at 20 percent.

The Board has remanded the claims for service connection for a low back disability, osteoarthritis of an unspecified joint, cataracts, and hypertension due to insufficient evidence on the etiology of these conditions.