Back / lumbar spine decisions — 2018

The Veteran's PTSD is rated at 70 percent effective September 10, 2018. The Veteran also received a TDIU effective November 8, 2014.

The Board denied a claim for a total disability rating based on individual unemployability (TDIU) due to service-connected back and hand disabilities prior to March 28, 2014. The evidence did not show that the Veteran was unable to secure or follow substantially gainful employment due to his service-connected conditions.

The Veteran's application to reopen his cervical spine disorder claim was denied due to lack of new and material evidence. His thoracolumbar spine disability remains rated at 20 percent, with no change in rating for TDIU.

The Board has restored the ratings for the Veteran's service-connected lumbar spine disability and bilateral upper and lower extremity radiculopathy to their prior levels, effective June 1, 2013. However, due to procedural errors in reducing these ratings, they are now void ab initio.

The Board denied the Veteran's claims for service connection for a low back disorder and right leg sciatica, both secondary to his service-connected inguinal hernia. The left inguinal hernia was also denied as it did not require a compensable rating.

The Board has granted service connection for the Veteran's cervical spine and thoracolumbar spine disabilities, finding that these conditions are more likely than not due to his military service.

The Board denied service connection for cervical spine, left knee, and right knee disabilities as well as low back disability due to lack of current evidence of a chronic condition related to active service.

The Board has remanded the case due to inadequate examination findings, need for a retrospective medical opinion, and need for updated VA treatment records.

The Veteran's service-connected disabilities are not related to his military service and do not meet the criteria for a TDIU prior to January 2, 2013.

The Board denied service connection for bilateral hand arthritis, acquired psychiatric disability (depression), cervical spine disability, low back disability, right hip disorder, and left foot drop as there is no current diagnosis related to these conditions.,There was no evidence of a current disability in any of the claimed conditions.

The Veteran's back brace is granted a clothing allowance for calendar year 2015. The lidocaine and Retin-A cream are denied as they were not prescribed or used for skin conditions due to service-connected disabilities.

The Board has remanded the case due to uncertainty about whether the Veteran's service-connected disabilities contributed to his death. A medical opinion is needed to determine if these conditions caused or contributed to his cause of death.

The Board has denied a higher rating for bilateral cavus foot deformity and remanded the issues of service connection for degenerative joint disease of the low back as secondary to bilateral cavus foot deformity, and TDIU. The case is being returned to the agency of original jurisdiction (AOJ) for further development.

The Board has denied service connection for PTSD with Anxiety and remanded the issues of service connection for chloracne on face, chest, and back, as well as DDD of the thoracolumbar spine.

The Veteran's claim for payment or reimbursement of medical services received at Kaiser Permanente in Roseville, California on August 30, 2014 was denied because the Sacramento VA Medical Center (VAMC) was deemed feasibly available to provide the treatment.,The Veteran's claim for payment or reimbursement of transportation provided by the Sacramento Metropolitan Fire District on August 30, 2014 was also denied due to the same reason.

The Veteran's appeal is remanded due to the need for additional VA examinations and treatment records. The issues of higher initial ratings for chronic lumbar strain are referred to the AOJ.

The Veteran's service-connected conditions, including posttraumatic stress disorder and lumbar strain with sciatica, have prevented him from securing and maintaining gainful employment since April 12, 2011. The Board has granted a total disability rating based on individual unemployability effective as of that date.

The Board has remanded the case due to non-compliance with previous directives and requested additional records from the Veteran's former employer.

The appeal for service connection for residuals of a traumatic brain injury is dismissed. The Board has also remanded the cases regarding service connection for low back disability, upper back disability, and an initial rating higher than 10 percent for a psychiatric disability.

The reduction in disability rating for the Veteran's lumbar spine disability from 40 percent to 10 percent was not proper, and the 40 percent rating is restored. The claim of entitlement to an earlier effective date for service connection of left lower extremity radiculopathy associated with the service-connected lumbar spine disability remains pending.