Back / lumbar spine decisions — 2018

The Veteran's appeal for an earlier effective date for service connection and a higher rating for his back condition was denied. The Board found that the earliest claim for service connection for a back disability was filed on July 22, 2014, and thus no earlier effective date is warranted. For the rating issue, the evidence did not show unfavorable ankylosis or incapacitating episodes of IVDS meeting the criteria for a higher rating.

The Veteran's service-connected degenerative joint and degenerative disc disease, thoracolumbar spine, with right femoral and sciatic nerve radiculopathy status post lumbar fusion and residual scar, as well as his service-connected degenerative disc and degenerative joint disease, cervical spine, with left radiculopathy status post compression fracture C5 and cervical fusion with residual scar, have been granted.,The Veteran's service-connected right knee medial and lateral meniscal tears, anterior cruciate ligament tear, and tricompartmental osteoarthritis has also been granted.,The Veteran's service-connected right heel injury (Achilles tendonitis and plantar fasciitis) has been granted.,The Veteran's service connection for a headache disability secondary to his now service-connected cervical spine disabilities has been granted.

The Board has remanded the claims for service connection for various conditions, including back, left wrist, right wrist, left shoulder, and right shoulder conditions due to inadequate previous examinations.

The Board denied extraschedular ratings for the Veteran's service-connected loss of motion of various joints associated with Reiter’s syndrome, finding that the schedular criteria adequately described his symptoms.

The Veteran's application to reopen the claim for service connection for gastroesophageal reflux disease (GERD) has been granted. The Board has remanded several other issues including service connection for thyroid disability, right shoulder disability, low back disability, neck disability, left foot disability, right foot disability, cataracts, and an acquired psychiatric disorder to include PTSD.

The Veteran's claims of increased ratings for his right hand and low back conditions are being remanded due to the submission of new VA records that have not been reviewed by the AOJ.

The Veteran's claims for service connection and TDIU are being remanded due to the need for VA examinations and medical opinions regarding his back disability, left hip disability, and whether he is unemployable.

The Board has remanded the case due to an inadequate examination report from a VA examiner, which did not adequately assess functional limitations and loss of range of motion due to pain or during flare-ups.

The Veteran's lumbosacral strain is granted a 20 percent rating prior to September 28, 2016. The issue of entitlement to service connection for lower extremity radiculopathy is not currently developed or certified.

The Board denied service connection for sleep apnea and lumbar spine disability, finding that the conditions were not incurred or aggravated by active service.

The Board has remanded the Veteran's claims for service connection for low back disability, bilateral hip and leg disabilities due to a lack of adequate examination reports. The examiner is required to provide an opinion on whether any diagnosed low back disability was at least as likely as not incurred in service or related to active service.

The Board has determined that the Veteran's lower back and bilateral knee disabilities are related to his military service, with current disability established and a link between in-service injury and symptoms found. Service connection is granted for these conditions.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no new and material evidence to reopen the claims of chronic prostatitis and low back pain, and remanded the issues of increased ratings for left knee strain, chest pain, and tension headaches.

The Board has remanded the case due to a request for referral for extraschedular evaluation and consideration of new evidence. The Veteran's claim for an increased rating remains pending.

The Veteran's claim for an initial rating in excess of 10 percent for degenerative arthritis of the low back is being remanded due to inadequate examination and missing records.

The Veteran's TDIU claim is remanded due to the combined disability rating not meeting the schedular requirements, and his service-connected back disability and PTSD prevent him from securing gainful employment.

The Veteran's claims for service connection were granted, but the decision does not specify which conditions or disabilities.

The Board has granted service connection for right shoulder, back, and left hip disabilities that pre-existed the Veteran's military service but were aggravated by her service. The bilateral knee disability was found to have been incurred in-service.

The Board has remanded several issues related to service connection and rating for various disabilities, including neck disability, low back disability, right foot disability, residuals of a head laceration, headaches, depression, bilateral hearing loss, and TDIU. The Veteran's STRs may be incomplete, and additional searches are needed. A VA examination is required for psychiatric disorders, headaches, and bilateral hearing loss.

The Board denied a rating in excess of 20 percent for the Veteran's lumbar spine disability, finding that the evidence did not more nearly approximate limitation of motion to 30 degrees or less or favorable ankylosis.