Back / lumbar spine decisions — 2018

The Veteran's low back disability is currently rated at 20 percent prior to June 22, 2015 and 40 percent thereafter. The Veteran was granted a 50 percent rating for migraine headaches effective July 9, 2015. His radiculopathy of the right lower extremity remains at 10 percent. A 20 percent rating is granted for his radiculopathy of the left lower extremity with reasonable doubt resolved in favor of the Veteran. The Veteran's PTSD is rated at 70 percent, but no higher.

The Veteran's PTSD is currently evaluated as 50 percent disabling. The Board denied an initial rating in excess of 50 percent for PTSD and denied entitlement to a TDIU prior to September 18, 2007.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's low back disorder and its relation to service. The case will be returned for further examination and opinion.

The Board has remanded the case due to missing private medical records and for further examination. The Veteran's service connection claims will be reconsidered after obtaining these records.

The Board has granted the Veteran's claim to reopen her service connection for a low back disorder, finding that new evidence supports a relationship between her current low back disorders and her service-connected bilateral foot conditions. The Board also found that her low back disorders are related to her altered gait due to her bilateral foot disabilities.

The Board has decided to remand the Veteran's claims for lumbar spine disability, COPD, headaches, an acquired psychiatric disorder (to include depression), and broken jaw residuals due to incomplete service treatment records and missing VA medical records. The Board also requested SSA disability benefits records.

The Board has reopened the Veteran's claims for service connection for bursitis of the right knee, Haglund's deformity of bilateral heels, lower back condition, acid reflux, bilateral callus condition of the feet, and pseudofolliculitis. The appeals are granted to that extent.

The Veteran withdrew his appeals for the service connection claims related to lumbar spine condition, neck condition, left and right ankle conditions, arthritis and gout of the bilateral feet, gastritis, irritable bowel syndrome, and an acquired psychiatric disorder (chronic depression).

The Board has determined that the Veteran's lumbar spine disability is as likely as not attributable to service, granting his claim for service connection.

The Veteran's right foot Morton's neuroma and metatarsalgia are granted as service-connected, while his right foot corns and heel tenderness are denied. For the period prior to April 7, 2016, a disability rating for spondylosis of the lumbar spine is granted at 40 percent, but no higher.

The Board has granted service connection for a low back disability and headaches. The remaining claims of service connection for chronic joint pain, osteoporosis, an eye disorder, a disorder of the ear, hypercholesterolemia, high blood pressure, a skin disorder, and an acquired psychiatric disorder are REMANDED.

The Veteran's claim for service connection for bilateral hearing loss is denied. The claims for service connection for tinnitus, an acquired psychiatric disorder (claimed as PTSD), and right biceps strain with scar are granted. Service connection for a low back disorder and residuals of TBI are remanded.

The Board has remanded the cases for additional development to determine if the Veteran's left knee and low back disabilities are related to his service-connected right knee disability.

The Board has reopened the Veteran's claims for service connection for left ankle and low back disabilities due to new and material evidence. The claims are remanded for further development, including VA examinations.

The Veteran requested to withdraw their appeal for service connection of a low back disability, and the Board has dismissed it.

The Veteran's service-connected chronic low back pain with radicular symptoms of the right leg is rated at 10 percent, effective as of the date of this decision.

The Veteran's right eye blindness was not incurred in the line of duty and is denied.,The Veteran's right-hand scar preexisted service and is not aggravated by service, thus denial.,The acquired psychiatric disorders are not related to service and are denied.,Bilateral knee osteoarthritis did not manifest during or within one year after service and is denied.,Bilateral hand osteoarthritis was not shown to be chronic during service and is denied.,Low back disability is not shown to exist currently and is denied.,Neuropathy is not shown to exist currently and is denied.

The Board has granted service connection for pseudofolliculitis barbae (PFB) and remanded the issues of service connection for a neck condition, lower back condition, shortness of breath, and sleeping disorder.

The Board has remanded the cases for further development and examination to determine if the Veteran's respiratory disorder, back disorder, and hypertension are related to service or herbicide exposure.

The appeal to reopen service connection for a back disorder is denied. The Board finds that the prior rating decisions are not subject to revision on the same factual basis due to lack of new and material evidence.