Back / lumbar spine decisions — 2018

The Board denied an initial rating in excess of 10 percent for degenerative joint disease of the lumbar spine, finding that the evidence did not meet the criteria for a higher rating based on objective range of motion testing and functional impairment.

The Board has found that the Veteran's VA examinations for his cervical spine, knee disabilities, and mental health conditions have not been conducted as scheduled. The appeal is being remanded to reschedule these examinations and obtain updated VA treatment records.

The Board has reopened the Veteran's claim for service connection for gout secondary to his service-connected foot disabilities. The case is remanded for further development, including obtaining an addendum from the October 2014 VA examiner and scheduling a VA examination of the Veteran's spine disability.

The Board has remanded the Veteran's claims of service connection for back, left knee, and right knee disabilities due to a lack of a local hearing with a Decision Review Officer (DRO).

The Veteran's service-connected lumbosacral strain with degenerative arthritis and IVDS is currently rated at 20 percent from September 26, 2017, forward. The Board has determined that a higher rating is warranted for this period based on the evidence of record. However, the claim for an initial rating higher than 10 percent prior to September 26, 2017, remains pending and requires further examination.

The Veteran's claims for service connection and increased ratings were denied as he failed to report for scheduled VA examinations without good cause. The Board found that the failure to appear at the examinations resulted in a denial of his claims.

The Board has granted service connection for a low back disability and squamous cell carcinoma due to sun exposure. Service connection is denied for cervical spine, sleep apnea, and right hip conditions.

The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's bilateral hearing loss and for a new examination. The claims for kidney disorder and low back disorder are pending.

The Board has determined that the Veteran's current back disabilities, including IVDS, mechanical back pain syndrome, lumbosacral sprain/strain and radiculopathy, are related to her military service. The claim is therefore granted.

The Board has granted service connection for tenosynovitis, degenerative joint disease of the bilateral hands, and reopened previously denied claims for acquired psychiatric disorder, cervical spine disability, lumbar spine disability, and right shoulder disability. The decision also addressed other issues such as increased evaluations and effective dates.

The Board has remanded three issues related to service connection for low back, right hip, and right knee disabilities due to the inadequate nature of previous VA examinations. The new examination is needed to determine if these conditions are aggravated by a service-connected left knee disability.

The Veteran's service-connected conditions, including his anxiety disorder and physical disabilities such as knee pain and shoulder impingement syndrome, have rendered him unable to obtain or maintain gainful employment. The Board has granted a total disability evaluation based on individual unemployability due to these service-connected conditions.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent prior to July 20, 2011, and from June 20, 2013, for degenerative disc disease of the thoracolumbar spine due to inadequate discussion of potentially favorable evidence.

The Board has decided to remand several issues, including service connection for low back, bilateral knee, and bilateral ankle disabilities due to a lack of consideration of a secondary theory. The Veteran's obesity is not considered a disability for VA benefits but may be an intermediate step in determining secondary service connection.

The Board has remanded the Veteran's claims for service connection due to inadequate VA medical opinions and incomplete records. The issues of headaches, chronic fatigue secondary to PTSD, sleep apnea secondary to PTSD, an increased rating for PTSD, earlier effective dates for PTSD and tinnitus, left foot disorder, right foot disorder, cervical spine disorder, and lumbar spine disorder are remanded.

The Veteran's service-connected disabilities do not render him incapable of sustaining substantially gainful employment, at least for the period from August 24, 2008, to July 15, 2016.

The Veteran's low back disorder is granted service connection, and he receives a higher rating of 100%. The denial of special monthly pension based on need for aid and attendance or at the housebound rate remains. The jaw disorder issue is remanded.

The Board has remanded the claims for service connection for various hip and knee disorders secondary to a right knee disability due to lack of VA examination.

Service connection is granted for a lumbar spine disability and bilateral radiculopathy of the lower extremities. A 100% rating is granted for PTSD.,The Veteran's gastrointestinal disorder (claimed as diverticulitis with colostomy) remains in dispute, and further evidence is needed.

The Board has restored service connection for prostate cancer and remanded the issues of entitlement to increased disability rating, secondary service connection for erectile dysfunction, and service connection for a back disability.