Back / lumbar spine decisions — 2018

The Board denied service connection for a low back disability and essential tremors (claimed as Parkinson's disease), finding that the evidence did not support an in-service incurrence or aggravation of these conditions, and also found no link to Agent Orange exposure.

The Veteran's claim for an increased rating for her service-connected lumbar DDD is remanded due to the inadequacy of a previous VA examination, which did not account for the frequency and severity of flare-ups.

The Board has granted the Veteran's application to reopen her claim for service connection for lumbar spine degenerative disc disease and found that it is related to her military service. The rating assigned is 100%.

The Board has remanded the claims of service connection for cervical spine disability, thoracolumbar spine disability, and sleep apnea due to insufficient evidence. The hearing loss and coronary artery disease cases are denied as they do not meet the criteria for a compensable rating.

The Board denied service connection for hypertension, DDD of the lumbosacral spine, and right leg arthritis as there was no evidence showing these conditions were incurred or aggravated by military service.,There is no medical evidence linking any of these conditions to the Veteran's active duty period from June 1973 to July 1975.

The Board has decided to remand the claims for increased ratings due to new evidence of worsening symptoms, and requests authorization from the Veteran to obtain private treatment records related to his disabilities. The Veteran will be scheduled for VA examinations to assess the current severity of his lumbar spine disability, cervical spine disability, left knee disability, left carpal tunnel syndrome, and right carpal tunnel syndrome.

The Veteran's left foot gout and right knee instability are not service connected, but the Board granted a separate rating for right knee instability.

The Board has determined that additional development is required before the Veteran's claims on appeal are decided, as the Veteran did not report for scheduled VA examinations and there is uncertainty regarding notification of these exams. The issues of service connection for a back disability, 10 percent evaluation based on multiple, noncompensable, service-connected disabilities, initial compensable evaluation for fracture first cuneiform right foot with failed fusion and degenerative changes of the talonavicular joint, initial compensable evaluation for scars of the right foot, and TDIU are all remanded.

The Board has remanded the case due to the need for additional development and consideration of new evidence, including corroboration of the Veteran's claimed stressors and examination for bilateral upper extremity frostbite.

The Veteran's low back disability is currently rated at 20 percent, effective September 10, 2012. The rating remains denied as the evidence does not meet criteria for a higher rating.

The Veteran's claim for a higher rating for DJD of the lumbar spine is denied. The claims for increased ratings for radiculopathy of the right and left lower extremities are also part of this appeal, with the right leg rated at 10 percent prior to November 10, 2010 and 20 percent thereafter, and the left leg rated as 10 percent throughout. The TDIU claim is granted.

The Board has remanded three issues related to service connection for plantar fasciitis, lumbar spine disability, and hallux valgus of the bilateral feet. The Veteran's claims are pending.

The Board has remanded the Veteran's claims for increased ratings and effective date determinations due to inadequate examination reports. The issues are inextricably intertwined, so all claims must be addressed together.

The Veteran's depression NOS, opioid dependence on agonist treatment, benzodiazepine dependence associated with L1 fracture, lumbar spine is rated at 50 percent. The symptoms are significant but do not meet the criteria for a higher rating.

The Veteran's TDIU claim is granted. The skin disorder claim is remanded for additional development.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran has a current back disability and whether it is related to service.

The Board has reopened the Veteran's claims for service connection for right hip disorder, back disorder, and right leg radiculopathy. The appeals are granted to this extent.

The Veteran's appeal is remanded for additional examinations and opinions to address the issues of service connection for various conditions, including bilateral hearing loss, tinnitus, right ankle disability, left knee disability, and lumbar spine disability.

The Board has granted service connection for diabetes mellitus as secondary to the Veteran's back disability and awarded a TDIU based on his combined disabilities.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including increased ratings for wrist and hand conditions, as well as service connection for arthritis of the hands and fingers. The claims are being returned for further development.