Back / lumbar spine decisions — 2018

The Veteran's left lower extremity radiculopathy and lumbar spine disability were granted service connection, but the rating for left lower extremity radiculopathy prior to August 11, 2017 was not compensable. The Veteran is also entitled to TDIU due to his disabilities preventing him from securing and following substantially gainful employment prior to that date.

The Veteran's left knee patellar tendonitis with degenerative arthritis is currently rated at 20 percent, and the lumbar spine sprain with degenerative arthritis is also rated at 20 percent. Both conditions are denied for increased ratings.,Both disabilities have been evaluated based on their direct service connection without any presumption or secondary theory of service connection.

The Veteran's TDIU claim is remanded as the VA needs to review his medical records and conduct a VA examination to determine if his service-connected disabilities prevent him from obtaining or retaining substantially gainful employment.

The Board found no causal relationship between the Veteran's current low back disability and his service, as there was no evidence of a chronic condition present during or immediately following service. The VA examiner concluded that any current back issues are less likely than not related to service.

The Board has remanded the Veteran's claims for service connection due to new evidence and additional examination.

The Board has determined that additional evidence is needed to determine the severity of the Veteran's pseudofolliculitis barbae, whether he has an additional disability due to VA treatment in 2010, and the nature and etiology of his acquired psychiatric disorder, hip, great toe, cervical spine, hearing loss, and tinnitus disabilities. The Board also requires a new examination for these issues.

The Board denied the Veteran's attempt to reopen his previously denied claim for compensation under 38 U.S.C. § 1151 for a back condition due to spinal anesthesia during hernia surgery in August 1977, finding that new and material evidence had not been received.

The Veteran's service-connected disabilities, including low back strain and migraine headaches, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted his application for total disability rating based upon individual unemployability (TDIU).

The Veteran's service-connected disabilities are being remanded for further evaluation as the last VA examinations were conducted in October 2014, which is considered too old to accurately assess his current condition.

The Veteran's service-connected disabilities, including depressive disorder, lumbar spine degenerative disc and joint disease, pes planus, and onychomycosis, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the claim for Total Disability Rating due to Individual Unemployability (TDIU).

The Board has remanded the case due to a lack of compliance with its February 2016 remand instructions regarding an addendum opinion from the Director of Compensation Service.

The Veteran's claim for service connection for tinnitus is denied as there is no evidence of a current disability or in-service incurrence.,The Veteran's claim for service connection for headaches is denied as there is no evidence of a current diagnosis or in-service incurrence.

The Board has denied service connection for right hip, left knee, and low back disabilities due to the absence of proof of current disability. The claim for a right foot disability is also remanded as an addendum opinion is needed.

The Board has remanded the cases for additional development due to outstanding VA treatment records and incomplete examination reports.

The Board has remanded the Veteran's claims of service connection for right hip strain and thoracolumbar spine degenerative joint disease with strain, both secondary to a left knee disability. Additionally, the claim for an increased rating greater than 10 percent for a right knee disability is also being remanded.

The Veteran's lumbar spine disability was rated at 10 percent prior to January 25, 2014 and at 40 percent thereafter. The Board denied a higher rating for the condition.

The Board denied an increased rating for the service-connected lumbar spine disability, finding that it did not meet the criteria for a higher rating than the current 20 percent assigned.

The Board denied service connection for a low back disability, finding that the Veteran's current condition did not manifest in service and is otherwise unrelated to service. The Board also found no evidence of chronicity or continuity of symptomatology since separation from service.

The Board has determined that the Veteran's NODs were timely and have identified several issues for remand, including service connection claims and reopening of previously denied claims.

The Board has remanded the claims for service connection and TDIU due to inadequate examination evidence, specifically regarding a lumbosacral spine disability. The Veteran contends that his current condition is related to service-connected right and left knee disabilities.