Back / lumbar spine decisions — 2018

The Veteran's initial claim for increased ratings for his back disability and radiculopathy of the lower extremities was denied. The Board found that the evidence did not support a higher rating prior to May 30, 2015, but granted a 20 percent rating from May 30, 2015 to October 8, 2017 for his back disability and a 20 percent rating for radiculopathy of the left lower extremity from October 9, 2017.

The Board has granted service connection for the Veteran's low back disability, finding that it is etiologically related to her military service. However, service connection was denied for residuals of rubella/measles due to a lack of evidence of current disability.

The Board denied service connection for left knee, right knee, and thoracolumbar spine disabilities due to a lack of evidence showing these conditions are related to the Veteran's military service.,Specifically, the VA examiner found no direct link between the current diagnoses and service-connected shell fragment wounds.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claims for service connection. The hearing loss claim is denied as there is no indication of a disability during service or after, and the low back condition claim requires further examination and opinion.

The Board has remanded the veteran's claims for service connection due to incomplete records and unverified periods of active duty. The appellant must provide additional evidence, including treatment records from her private doctors.

The claims to reopen service connection for degenerative changes and muscle spasms, right knee condition, and mental condition (claimed as parasomnia) are granted. The Veteran's conditions are related to his service-connected left knee disability.

The Veteran's initial claim for a higher rating for his service-connected back disability was denied. The Board has determined that the current evidence does not support an initial rating in excess of 20 percent, but has found that a remand is necessary to obtain additional medical examination and opinion regarding the severity of the Veteran's lumbar spine disability.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete development, including a lack of an opinion from a foot specialist. The AOJ is instructed to obtain a VA examination by a podiatrist or appropriate specialist to assess the current nature and severity of his residuals of a fractured left great toe.

The Veteran's claims for service connection for degenerative disc disease (DDD) status post laminectomy and an acquired psychiatric disability (depression), to include as secondary to a back disability, were denied. The Board found that new and material evidence had not been received since the April 2008 denial of entitlement to service connection for a low back disability.

The Veteran's appeal is remanded due to the need for additional records and readjudication of previous appeals. The Veteran was previously awarded clothing allowances in 2012 and 2013, but the North Texas HCS should obtain these records and combine them with the current 2015 appeal.

The Board has remanded the case due to lack of substantial compliance with its February 2017 Remand, which included obtaining a retrospective medical opinion regarding the Veteran's lumbar spine disability prior to December 13, 2013.

The Veteran's left lower extremity radiculopathy is granted a 40 percent rating effective January 24, 2012. The appeal for an earlier effective date was denied.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's neurocognitive disorder is granted as service-connected, and he receives a separate 20% rating for radiculopathy of the right lower extremity. Other claims are denied.

The Veteran's lumbar spine disorder is granted service connection. The right elbow and right foot disorders are remanded for further evaluation.

The Veteran's service-connected disabilities, including coronary artery disease, major depression, low back disability, cervical spine disability, and diabetes mellitus, rendered him unable to obtain or retain substantially gainful employment from March 24, 2010 to November 19, 2013. The Board granted a TDIU during this period.

The Board has remanded the claims of entitlement to increased ratings for bilateral foot, back, and right knee disabilities, as well as service connection for left knee and neck disorders due to a lack of VA treatment records after January 2006. The RO is instructed to obtain these records or provide a formal finding of unavailability.

The Board denied the Veteran's claims of service connection for chronic thoracolumbar strain, thoracogenic scoliosis and osteoarthritis of the lumbar spine with degenerative disc disease (claimed as lumbar back pain) and a skin condition. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Veteran's claim for service connection for lumbar paraspinal spasm due to contusion with diffuse degenerative disc disease has been reopened and granted. The claims for left hip disorder secondary to a lumbar spine disorder and psychiatric disorder are remanded.