Back / lumbar spine decisions — 2018

The Board has remanded the claims for service connection due to insufficient evidence and need for additional development.

The Board has remanded the Veteran's claims of service connection for a lumbar spine disability, left knee disability (secondary to service-connected left ankle disability), and increased rating for his left ankle disability due to incomplete medical opinions and lack of recent VA examinations.

The Veteran's claim for service connection for pain and clicking of bilateral knees has been reopened, but the claim remains denied. The Veteran's claim for service connection for low back disability is also denied.

The Board has denied service connection for a right eye nuclear sclerotic cataract, low back disability, right knee disability, left knee disability, right ankle disability, and left ankle disability. The claim of entitlement to service connection for gout is remanded.

The Veteran's appeal is remanded for additional development to address the current nature, symptoms, and severity of his service-connected lumbar spine disability.

The Board has remanded several issues, including service connection for lower back disability and right ankle disability, increased ratings for left and right knee disabilities, and a TDIU claim. The Veteran's claims are being remanded to obtain additional medical records, provide VA examinations, and consider the evidence of record.

The Board has remanded the claims of service connection for left ear hearing loss, tinnitus, low back disorder, and bilateral knee disorders due to lack of evidence supporting a direct relationship with service. The Veteran's VA examinations did not provide sufficient information on the etiology of his current conditions.

The Veteran's low back disability is rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The appeal for a higher rating is denied.

The Board has remanded the Veteran's claims of service connection for a low back disorder and chronic sleep disturbance due to insufficient medical nexus opinions. Additional VA examinations are needed to determine if these conditions are related to his military service.

The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence and need for further examination. The issues include left shoulder, lumbar spine, cervical spine, and radiculopathy of the left arm disabilities.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the addition of new evidence. The VA will obtain updated treatment records and ensure proper notification regarding TDIU.

The Veteran's claim for an effective date prior to December 28, 2007, for a grant of service connection for bilateral lower extremity radiculopathy secondary to thoracic rotary kyphosis with lumbar degenerative disc disease is denied. The effective date cannot be earlier than the effective date warranted for a lumbar disorder, i.e., the foundational disorder upon which service connection was granted.

The appeal is granted for the timeliness of a notice of disagreement regarding the June 2012 denial of service connection for low back disability. Service connection for this condition is remanded.

The Board has remanded the claims for service connection for bilateral hearing loss, diabetes mellitus type 2 (to include as secondary to service-connected lumbar spine IVDS and DDD), and a rating in excess of 20 percent prior to August 9, 2017, and in excess of 40 percent from August 9, 2017, for lumbar spine IVDS and DDD. The AOJ is directed to obtain additional personnel records, an addendum opinion regarding the Veteran's diabetes, a new examination to determine the severity of his lumbar spine disability, and an examination to determine whether he has bowel or bladder impairment.

The Veteran's claims for service connection related to various conditions have been remanded due to new evidence received since previous decisions.,Service connection is denied for a right shoulder disability, bilateral knee disabilities, and psychiatric disability.

The Veteran's back disability is granted a 40% rating since May 24, 2006. A separate 10% rating for radiculopathy of the bilateral lower extremities is also granted. The Veteran's hypertension is granted a 10% rating. Bilateral hearing loss does not meet criteria for a compensable rating.

The Board has remanded the claims for service connection for left shoulder disorder, lower back disorder, neck disorder, and hypertension due to incomplete records and the Veteran's failure to report for VA examinations.

The Board denied service connection for lumbosacral strain and intervertebral disc syndrome, bilateral hip disability, and right ankle disability as they are not related to active service or a service-connected condition.

The Veteran's right lower extremity radiculopathy is currently rated at 20 percent, and his combined disability rating remains at 60 percent. The Veteran's TDIU claim was denied as he does not meet the schedular criteria for a total disability rating based on individual unemployability.

The Board has denied service connection for bilateral tinnitus and atrial fibrillation and coronary artery disease. The Veteran's tinnitus is not related to his military service, nor may it be presumed to be. His heart conditions are not related to his military service or within a year of discharge.,Service connection was also denied for degenerative arthritis of the right thumb and degenerative joint disease of the lumbar and cervical spines.