Back / lumbar spine decisions — 2018

The Veteran's claim for a higher rating for his low back disability was denied. Service connection for left lower extremity peripheral neuropathy with foot drop was restored effective March 25, 2009 to May 22, 2011. The Veteran's claim for a higher rating for his left lower extremity peripheral neuropathy was also denied.

The Veteran's claims for service connection for a left elbow disability and low back disability have been granted. The decision is based on direct evidence showing the conditions are related to his military service.

The Board has remanded the Veteran's claims for service connection for left and right elbow disabilities, a left hand disability, and a back disability due to missing relevant private treatment records.

The Board has granted service connection for a low back disorder and bilateral lumbar radiculopathy as secondary to service-connected conditions. Service connection for an acquired psychiatric disorder is remanded.

The Board denied the Veteran's petition to reopen his claim of service connection for a low back disability, finding that new and material evidence had not been received. The Board concluded that there was insufficient evidence to establish that the Veteran's low back disability was caused or aggravated by military service or his service-connected cervical spine disability.

The Board has granted service connection for a lumbar spine disability with bilateral lower extremity radiculopathy, finding that it is as likely as not due to the Veteran's active service.

The Board has reopened the claim for service connection for varicose veins of the right leg due to new and material evidence. The claims for service connection for other conditions are remanded for further development.

The Veteran's claims for earlier effective dates for left ankle strain and flexor hallucis longus tenosynovitis have been denied as there is no evidence of an informal claim prior to July 19, 2010.,The Veteran's claim to reopen his previously denied back disability has been granted. A VA examination is needed to determine the nature and etiology of any currently present cervical spine and lumbar spine disabilities.

The Board has granted the Veteran's request to reopen his previously denied claim for service connection of obstructive sleep apnea. The underlying claim is also granted, with evidence showing a link between the Veteran’s military service and current obstructive sleep apnea.

The Board has remanded the case due to incomplete information regarding the Veteran's employment history and lack of updated VA treatment records. The Veteran is currently employed as a security guard, but his TDIU claim must be further developed by obtaining updated application details and any relevant vocational rehabilitation records.

The Veteran's lumbar strain with degenerative disc disease is rated at 20 percent prior to June 7, 2017, and at 40 percent since that date.

The Board has granted service connection for an acquired psychiatric disorder and remanded the issue of service connection for a lower back disability.

The Board dismissed the claims for failing vision, Gulf War syndrome, and TDIU. The claim for service connection of low back disorder was reopened due to new evidence. Service connection for CFS and gastrointestinal disorders were denied as there is no current diagnosis or symptoms.

The Board has determined that the Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment for the period beginning April 17, 2010 to September 7, 2011. As a result, TDIU is granted.

The Board denied service connection for hypertension, finding that the Veteran did not have a chronic disease in service or within the initial post-service year. The claim was based on his statements and testimony about having symptoms of nosebleeds and passing out during service which he believed were related to hypertension.,The Board also denied compensation under 38 U.S.C. § 1151 for additional disability due to a VA lumbar myelogram in October 1971, concluding that the Veteran's pre-existing back condition was aggravated by his work-related injuries and not by the procedure.

The Board has decided to remand the case due to inadequacy of the March 2016 VA examination and the need for additional treatment records. The Veteran's lumbar disability is currently rated at 20 percent, but he asserts that it warrants a higher rating.

The Board has granted service connection for a back disability, but has remanded the issues of service connection for coronary artery disease, bilateral lower extremity arteriosclerosis obliterans (secondary to coronary artery disease), and hypertension. The Veteran's TDIU claim is also remanded.

The Board has remanded the claims of service connection for diabetes mellitus, back disability, and bilateral knee disability due to incomplete development. The Veteran's claim for service connection for diabetes is deferred until his psychiatric disability claim is adjudicated.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 22, 2010 was denied because the evidence did not show that his service-connected disabilities rendered him incapable of performing the physical and mental acts required by employment.

The Veteran's claims for increased evaluations of his service-connected degenerative disc disease (DDD) and radiculopathy, as well as the issue of TDIU prior to August 28, 2014, are being remanded due to the need for additional examinations and compliance with a court decision.