Back / lumbar spine decisions — 2018

The Veteran's TDIU claim from March 11, 2016 is granted. The Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability, as well as his increased rating claims for chondromalacia of the right and left patella. The remand is due to incomplete records and the need to obtain additional information from the Veteran regarding USPS employment records.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, including anxiety disorder. The issue of service connection for a back disability is remanded due to incomplete records.

The Board has denied service connection for cervical spine disability, lumbar spine disability, radiculopathy of the bilateral upper extremities, and radiculopathy of the bilateral lower extremities as there is no evidence that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.

The Board denied service connection for obstructive sleep apnea and low back disability, finding that the evidence did not support a nexus to active duty.

Service connection for a thoracolumbar spine disorder is denied due to lack of chronic in-service symptoms and no evidence of continuity of symptomatology since service separation.,Service connection for hypertension, secondary to PTSD and presumed herbicide exposure, is granted.

The Veteran's lumbosacral strain with degenerative joint disease, L5-S1, was rated at 20 percent prior to August 6, 2015, and in excess of 40 percent from that date. The Board found no basis for a higher rating under the applicable VA rating criteria.

The Board has remanded the Veteran's claims for hearing loss, tinnitus, and lumbar spine disorder due to inadequate examinations and lack of compliance with previous remand directives.

The Board has granted service connection for a lumbar spine condition. The right hip and right leg conditions are remanded due to insufficient evidence.

The Board denied the Veteran's claims for service connection for the cause of death and DIC, finding that his death was not due to a service-connected disability.

The Board has remanded the claims of service connection for various conditions due to incomplete development and need for additional medical opinions.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation from March 24, 2016. The criteria for TDIU have been met.

The Veteran's claims for increased ratings were denied. The left ankle disability was rated 10% prior to December 11, 2017 and 20% from that date forward. The low back disability was rated 10% before April 26, 2016, 20% from April 26, 2016 to February 26, 2018, and 40% from February 27, 2018. The right lower extremity radiculopathy was rated 10% before June 22, 2017 and 20% after that date. The left lower extremity radiculopathy was rated 10% before June 22, 2017 and 20% after that date. The cervical spine disability was rated 10% prior to April 26, 2016 and 20% after that date. The right upper extremity radiculopathy was rated 40% from June 22, 2017. The left upper extremity radiculopathy was rated 20% from June 22, 2017. The right knee and left knee disabilities were both denied.

The Veteran's claim for an increased evaluation for lumbosacral strain was remanded due to the need for additional medical guidance and a new VA examination.

The Veteran's appeal includes claims for increased ratings for PTSD, lumbar degenerative joint disease, and peripheral neuropathy of the left lower extremity. The Board has referred these issues back to the AOJ due to procedural issues with his initial claim forms. Additionally, the Veteran's TDIU claim is also remanded.

The Board has dismissed the issue of service connection for a back disorder due to the Veteran's withdrawal. The issues of service connection for sleep apnea and for a compensable evaluation for bilateral hearing loss are remanded.

The Board has denied service connection for migraine headaches due to the absence of a current diagnosis. The claims for back condition, bilateral knees, and bilateral ankles are remanded as the VA examinations were inadequate.

The Veteran's appeal has been withdrawn and the case is dismissed.

The Veteran's TDIU was granted effective August 1, 2008, the date he first received service connection for his disabilities.

The Veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for additional low back disability claimed to have resulted from participation in a VA Compensated Work Therapy (CWT) program. The Board has determined that an adequate examination is required and remands the case for further development.