Back / lumbar spine decisions — 2018

The Board dismissed the appeals of the Veteran's claims for service connection due to his death.

The Board has remanded the Veteran's claims for additional development due to insufficient examination reports and lack of recent VA treatment records. The Veteran will need new examinations to assess his lumbar spine and left knee disabilities, including range of motion testing.

The Board has determined that the current evaluations for the Veteran's lumbar strain, left ankle sprain with instability, right ankle pain, and right L5 radiculopathy do not accurately reflect the severity of his disabilities. The Board also finds that a remand is required to address the issue of TDIU due to service-connected disabilities.

The Veteran's claim for an earlier effective date for service connection of lumbosacral strain with degenerative disc disease was denied. The Board found that the September 1978 and August 1998 rating decisions denying service connection were final, as there was no CUE in these decisions.

The Veteran's right lower extremity sciatica disability increased in severity within one year prior to his April 2012 claim for an increase, and the Board grants an effective date of April 17, 2011.

The Board has determined that the Veteran's chronic sinusitis, hemorrhoids, tinnitus, and lumbosacral disability are not related to his active service.,Service connection for hypertension is granted at a 10 percent rating.

The Board denied the Veteran's claims of service connection for a back condition and bilateral hands condition, finding no new and material evidence to reopen the previously denied claims.

The Board denied service connection for a lumbar spine (low back) disability, cervical spine (neck) disability, left knee disability, right knee disability, left ankle disability, and right ankle disability. The Board also denied service connection for a left leg disability manifested by neurological symptoms and a right leg disability manifested by neurological symptoms.,The Veteran's claims were not supported by evidence of an in-service injury or incident to which his current disabilities may be linked.

The Veteran's lumbar strain is rated at 40 percent, which does not meet the criteria for a higher rating. The Board denied an increased rating as there was no evidence of unfavorable ankylosis or incapacitating episodes of IVDS during the past 12 months. TDIU prior to November 25, 2015 is granted due to service-connected disabilities precluding substantial gainful employment. From that date onward, TDIU is moot as the Veteran has a combined rating of 100 percent for multiple conditions.

The Board has determined that VA did not fulfill its duty to assist in this case and has remanded the claims for further development of the Veteran’s service connection claims.

The Veteran's appeals for increased evaluations of his service-connected left shoulder degenerative osteoarthritis, right shoulder degenerative arthritis, and lumbar spine disability have been remanded due to the need for further administrative review.,No effective date has been assigned as the issues are still under consideration.

The Veteran's low back disability has been rated at 40 percent since February 18, 2003. The Board denied an increased rating in excess of 40 percent.,Initial ratings of 10 percent for radiculopathy affecting the left and right lower extremities were granted effective February 8, 2010.

The Board has decided to remand the claims due to insufficient medical evidence and requires a VA examination to determine if the Veteran's current right ankle disorder, Achilles tendon disorder, left fifth toe disorder, and low back disorder are related to her active service.

The Board has remanded the claims for increased ratings for bilateral knee and cervical spine disabilities due to lack of recent examinations. The TDIU claim is also on appeal, as it involves a period prior to July 20, 2017.

The Board has denied service connection for prostate cancer and remanded the issues of service connection for low back disability, sinus disability, and sleep apnea.

The Board has remanded the claims for service connection due to inadequate medical opinions and the need for additional evidence regarding in-service motor vehicle accidents.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need to consider additional VA treatment records, a completed VA Form 21-8940, and SSA disability benefits decision.

The Board has determined that new VA examinations are required for the Veteran's claims of low back disability, left knee disability, and sleep apnea. The issues will be remanded to allow for these examinations.

The Board has determined that the Veteran's lumbar spine disorder is not related to service and denied his claim for service connection. The PTSD rating was also remanded due to additional VA treatment records being obtained.

The Board has remanded the claims of service connection for a lumbar spine disability and TDIU benefits due to inadequate VA examinations. The Veteran needs to be provided with new VA examinations to determine the etiology and severity of his lumbar spine disability.