Back / lumbar spine decisions — 2018

The Veteran's claims for higher ratings for his service-connected cervical spine and right upper extremity radiculopathy are being remanded due to the need for a new VA examination.

The Board has decided to remand the Veteran's claim for service connection of a lumbar spine disability, including intervertebral disc syndrome. The decision also mentions that there is potential secondary service connection due to right knee aggravation of back pain and requests further examination.

The Board has denied an earlier effective date for the award of a 30 percent rating for bilateral pes planus, as the increase in disability occurred more than one year prior to the claim. The issues of service connection for various disorders are remanded.

The Veteran's initial evaluations for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity were denied. However, an increased evaluation to 40 percent was granted for radiculopathy as of July 23, 2015.,Initial compensable evaluations were denied for migraine headaches prior to October 26, 2011 and from October 26, 2011 through July 15, 2014. A separate compensable evaluation was granted as of July 16, 2014.

The Board found that the Veteran's back disorder is related to his active service and granted service connection for a back disorder.

The Board denied the Veteran's claim for service connection for intervertebral disc syndrome, degenerative disc disease, spinal stenosis of the lumbar spine, and radiculopathy as there was no evidence to support a nexus between these conditions and his active service.

The Veteran's service-connected chronic lumbosacral strain with radiculopathy has rendered him unable to secure or follow substantially gainful employment since June 15, 1994.

The Veteran's cervical spine disability was granted service connection effective December 5, 2011. The claim for left big toe amputation compensation under 38 U.S.C. § 1151 is denied due to lack of evidence showing negligence or fault on the part of VA.

The Board has remanded the claims of service connection for a low back disorder, supraventricular tachycardia, and Crohn's disease due to lack of medical evidence addressing continuity of symptoms.

The Veteran's heart condition, vision loss, back conditions, lower extremity radiculopathy, cervical spinal stenosis, right hip condition, kidney failure, arthritis, fibromyalgia, shoulder pain, varicose veins, carpal tunnel syndrome, and restless leg syndrome are all related to service exposure to hazardous chemicals. The Veteran must be provided with a VA examination for each issue.,The Veteran's major depressive disorder, patellofemoral pain syndrome of the left knee, bilateral sensorineural hearing loss, allergic rhinitis, and mild recurrent major depressive disorder, with moderate generalized anxiety disorder and panic disorder are all related to service exposure to hazardous chemicals. The Veteran must be provided with a VA examination for each issue.

The Board has remanded two issues: a compensable rating for the right thumb disability and a rating in excess of 20 percent for traumatic arthritis of the lumbosacral spine. The case is sent back to the RO for initial review.

The Veteran's claim for service connection for degenerative disc disease at L5-S1 with multiple areas of spinal disc herniations was denied. The right knee strain and ankle disabilities were granted increased ratings, but the limitation of flexion in the right knee remains at a compensable level.

The Board has granted service connection for a left knee disability of status post medical meniscectomy and chondromalacia, but denied service connection for a lower back disorder.

The Veteran's claims for compensable initial ratings for various service-connected disabilities have been denied. The Board has remanded several of the issues for further evaluation, including those related to arthritis and wrist conditions.

The Veteran's claim for an increased rating for his lumbosacral strain with degenerative changes is being remanded due to the need for a VA examination that complies with the requirements of Correia v. McDonald, 25 Vet. App. 158 (2016).

The Board has remanded both the service connection claim for a lumbar spine disorder and the TDIU claim due to inadequate VA medical opinions. The claims will be reconsidered with an addendum opinion from a clinician addressing continuity of symptoms since service.

The Board has remanded the case due to the need for a VA examination to address questions raised in the Joint Motion for Remand and to afford the Veteran every benefit of the doubt.

The Veteran's low back disability is rated at 40 percent effective July 23, 2012.

The Board denied service connection for a low back disability, finding that the evidence did not establish a link between the current condition and service.

The Board has decided to remand the Veteran's claims for a rating in excess of 20 percent for his lumbar spine disability, sciatic nerve radiculopathy, right knee patellofemoral syndrome, and left ankle disability due to insufficient medical evidence. The VA will provide additional examinations to determine the current severity of these conditions.