Back / lumbar spine decisions — 2018

The Veteran is granted TDIU, but the effective date for service connection of left lower extremity radiculopathy remains April 20, 2009.,The Board has found that a disability rating in excess of 40 percent for chronic low back pain with degenerative changes and service connection for bilateral upper extremity disability secondary to service-connected low back pain are both remanded.

The Veteran's service-connected disabilities meet the schedular requirements for a TDIU and it is unlikely that he can secure and follow substantial gainful employment due to his service-connected disabilities. The appeal regarding higher ratings for gout, low back disability, right knee disability, bilateral upper extremity peripheral neuropathy, bilateral lower extremity peripheral neuropathy, and urinary frequency are also remanded.

The Board has found that further development is necessary prior to appellate review of the claims on appeal, including for new VA examinations to properly assess the severity of each of the Veteran’s spine disabilities and related radiculopathy.

The Veteran's claim for a higher rating for his lumbar spine disability was granted, with an effective date of November 13, 2014. The previous 10% rating is maintained from the beginning of the claim to November 13, 2014.

The Veteran's service-connected lumbar spine and right knee disabilities are being remanded for further evaluation due to reported worsening symptoms.

The Veteran's depressive disorder, NOS is granted at a 70% rating since March 28, 2011. Other conditions are either denied or granted with specific ratings.

The Board has determined that the Veteran does not have a current lumbar spine disorder due to an in-service injury, and therefore denied his claim for service connection.

The Board has granted an initial 20 percent rating for the Veteran's right foot disability. The claims of service connection for a lumbar spine disability and left foot disability are remanded due to inadequate medical opinions.

The Veteran's claim for service connection for migraine headaches was granted. The initial compensable rating claim for left ear hearing loss was denied. The issue of service connection for a left knee disability is dismissed due to withdrawal by the Veteran. The issues of service connection for right ankle strain and low back disability are remanded for further evaluation.

The Board has denied a higher disability rating for the Veteran's lumbosacral spine disability and radiculopathy, and has remanded the case to consider entitlement to TDIU.

The Board denied the Veteran's claim for service connection of sleep apnea as secondary to his service-connected back disorder and bilateral lower extremity radiculopathy, finding that the evidence did not show that his service-connected conditions caused him to become obese.

The Board has reopened the claim for service connection for a low back disability and granted it. The Veteran's PTSD is remanded for further evaluation, as are his claims for right ear hearing loss and tinnitus (secondary to left ear hearing loss).

The Board has remanded the claims of increased ratings for lumbar traumatic arthritis and hiatal hernia due to insufficient evidence from previous VA examinations. The Veteran needs new VA examinations to assess the current severity of his service-connected disabilities.

The Board denied the Veteran's claims of service connection for lateral epicondylitis and a rating in excess of 10 percent for lumbar DDD due to lack of evidence supporting these claims, including failure to report for scheduled VA examinations.

The Board has remanded the Veteran's claims for a VA examination to assess the current severity of his knee and back disabilities, as well as a vocational counselor opinion regarding his TDIU claim. The claims will be reconsidered after these examinations.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative disc disease was denied. The Veteran's claim for a total disability rating based upon individual unemployability (TDIU) from January 1, 2011 to February 3, 2013 was granted.

The Veteran's appeal for increased ratings for his post-surgical scars was dismissed. The Board granted an initial compensable rating of 20 percent for four painful post-surgical scars associated with lumbar spine disability and an additional initial compensable rating of 10 percent for one unstable and painful post-surgical scar.

The Veteran's lumbar spine disability is currently rated at 40 percent disabling, the highest available rating based on limitation of motion under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that a higher rating is not warranted.,The Veteran’s RLE disability (right ilioinguinal neuralgia status post right inguinal herniorrhaphy) is currently rated at 10 percent disabling, which represents the highest available rating based on incomplete paralysis of the ilio-inguinal nerve under DC 8530.

The Veteran is entitled to a TDIU from August 17, 2010 forward due to her service-connected disabilities. The Board found that the Veteran's service-connected conditions rendered her unable to secure and maintain substantially gainful employment.

The Veteran's claim for service connection for spondylolisthesis of L-5 sacrum was reopened and granted. The claims for stomach condition, left knee disability, right knee disability, and residuals of TBI were denied. The case is remanded for further review on the diabetes mellitus, type II associated with PTSD with depression and anxiety.