Back / lumbar spine decisions — 2018

The Board granted service connection for a low back disability to include lumbar stenosis status post laminectomy, but denied service connection for a right elbow disorder to include a ligament strain.

The Board found that the overpayment due to incarceration was properly created and denied the appeal.

The Veteran is granted TDIU for the periods prior to June 7, 2010, from August 1, 2012 to August 30, 2016, and from October 1, 2017. The claim for TDIU during the period from June 7, 2010 to July 31, 2012 is remanded.

The Veteran's treatment at GRMC on November 6, 2010 was for a medical emergency of such nature that delay would have been hazardous to his health. The Veteran had a total disability resulting from service-connected conditions and VA facilities were not feasibly available or reasonable to use beforehand.

The Veteran's TDIU claim is remanded due to incomplete records and the need for further examination of her service-connected disabilities.

The Board has decided to remand the Veteran's claims for right wrist and lumbar strain disabilities due to inadequate examination reports, requiring further evaluations.

The Board has granted the Veteran's petitions to reopen his claims for service connection for left and right shoulder disabilities. The case is now REMANDED for additional examinations and opinions regarding various other issues, including service connection for right hand/wrist, bilateral ankle, hip, and shoulder disabilities; initial ratings for knee and lumbar spine disabilities; and a TDIU claim.

The claim for service connection for back disability was denied due to lack of new and material evidence. The claims for hypertension, substance abuse disorder as secondary to a psychiatric disorder, and psychiatric disorder were remanded for further evaluation.

The Board has reopened the Veteran's claim for service connection for a back disability due to new and material evidence submitted since May 2002. The Board also remanded the claims for increased ratings of right hip disability, left knee arthroplasty (left knee replacement), and left hip disability.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need to obtain additional VA treatment records.,The Veteran is seeking an earlier effective date for service connection of degenerative disc disease of the cervical spine and radiculopathy of the right upper extremity.

The Veteran's TDIU claim is granted as he meets the schedular rating requirements for assignment of a TDIU due to his service-connected disabilities. The Board also found that the Veteran is unemployable due to his service-connected disabilities, including PTSD and low back disability.

The Veteran's tinnitus is granted as service connected. The claims for lumbar spine and left knee disabilities are remanded.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's low back disability, including service treatment records and workman’s compensation claims. Additional medical opinions are needed.

The Veteran's application to reopen the claim for lumbar spine degenerative joint and disc disease, left lower extremity paresthesia (numbness), and Peyronie’s disease with surgical residuals was granted.,Service connection for a cold injury residuals, claimed as hands and feet, is denied.

The Board dismissed the Veteran's claims for service connection of low back condition, pes planus, and PTSD. The claim for left ear hearing loss was granted.

The Veteran's service-connected cervical and lumbosacral spine disabilities have precluded him from securing or following a substantially gainful occupation since August 2, 2005.

The Veteran's claims for higher ratings for his lumbar spine disability and Wolf Parkinson White Syndrome are remanded due to the need for additional medical examination and consideration of outstanding VA treatment records.

The Veteran's hypertension is granted as secondary to service-connected diabetes mellitus. The initial rating for right lower extremity radiculopathy remains at 10 percent, but the Veteran is entitled to a higher rating due to his lumbar spondylosis and degenerative osteoarthritis.

The Board has remanded the case due to inconsistencies in the opinions provided by the VA examiner regarding the Veteran's back condition and its relation to service.

The Board has found the VA examinations inadequate and requires additional examinations to determine the nature and etiology of the Veteran's right shoulder, cervical spine, thoracolumbar spine, bilateral foot, right knee, left ankle, and right ankle disabilities.