Back / lumbar spine decisions — 2018

The Board has remanded the claims for whether the March 2007 rating decision denying service connection for a lumbar spine disorder was based on clear and unmistakable error (CUE), entitlement to an initial evaluation in excess of 10 percent for service-connected lumbar spine osteoarthritis with surgical decompression prior to July 15, 2016, and entitlement to a total disability rating based on individual unemployability (TDIU).

The Board dismissed the Veteran's appeals for an earlier effective date and higher ratings for bilateral pes planus, lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The appeal was withdrawn by the Veteran regarding the earlier effective date issue.

The Veteran's claims for service connection have been reopened, but further evidence is needed to determine the nature and etiology of his claimed conditions.,Additional VA treatment records are required to fully assess the Veteran's current condition.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional evidence and examination.

The Board has remanded the case for further development and evaluation of the Veteran's service-connected disabilities, including Crohn’s disease, migraine headaches, lumbar spine condition (status-post laminectomy), right lower extremity neuropathy, and radiculopathy. The earlier effective date and TDIU claims are also inextricably intertwined with these issues.

The Board has remanded the Veteran's claims for higher ratings for his cervical and lumbar spine disorders due to a lack of functional loss during flare-ups or repetitive use, requiring additional examinations.

The Veteran's claim for service connection for sleep apnea and a back condition is being remanded due to the need for additional medical examinations and evaluations.

The Veteran's TDIU claim is granted. The VA has remanded the issues of increased ratings for degenerative disc disease and left lower extremity radiculopathy, as well as service connection for a gastrointestinal disability.

The Board has remanded the claims for service connection for lumbar spine disorder and left knee degenerative joint disease, both secondary to service-connected bilateral pes planus. The Veteran is advised to submit any additional medical evidence and a VA examination will be conducted.

The Board has determined that the Veteran's service-connected disabilities have not been properly evaluated and requires additional examinations to determine their current severity.

The Veteran's claims for service connection for ischemic heart disease, diabetes mellitus type II, and special monthly compensation based on the need for aid and attendance have been dismissed.,Service connection was denied for a lumbar spine disability, COPD, and anxiety disorder with dysthymic disorder.

The Veteran's claim for service connection for a low back disability has been reopened due to the submission of new and material evidence. The case is remanded for further examination and medical opinion regarding the etiology of his low back disability.

The Board has granted the Veteran's petitions to reopen his claims of service connection for a lumbar spine disorder, left hip disorder, and left knee disorder, all secondary to his service-connected left ankle osteoarthritis. Service connection is now established for these conditions.

The Veteran's low back disability is currently rated at 10 percent, and the Board has decided to remand this case for a new VA examination to assess the current severity of his condition.

The Board denied service connection for bilateral hearing loss as new and material evidence was not presented. Service connection for low back pain and right hand mass were also denied due to lack of a current diagnosis or link to service.

The Board denied the Veteran's claims for service connection for right and left foot disabilities, as well as his claim for service connection for a low back disability that is secondary to his foot disabilities. The evidence did not support finding any current foot or back disabilities related to service.

The Board has found that further development is necessary to verify the Veteran's periods of active duty, ACDUTRA, and INACDUTRA. The claims for bilateral hearing loss, tinnitus, right ear retracted tympanic membrane, hernia repair, right knee disability, and low back disability are all remanded for additional medical opinions regarding their etiology.

The Veteran's appeal for a rating in excess of 10 percent for lumbosacral strain has been dismissed. The Board also remanded the issue of entitlement to an initial rating in excess of 70 percent for PTSD with cognitive disorder.

The Veteran's claim for an effective date prior to January 7, 2013, for the grant of service connection for lumbar spine degenerative disc disease is denied. The Board also found that additional development is needed regarding the Veteran's claims for TDIU and SMC.

The Board has determined that additional development is needed for the Veteran's claims of service connection for back disability and asthma. Specifically, new examinations are required to address the Veteran’s assertions of continued symptomology and exposure to asbestos.