Back / lumbar spine decisions — 2018

The Board has remanded the Veteran's claims for bilateral pes planus, bilateral knee and lumbar disabilities due to inadequate examination reports. The Veteran is seeking service connection for these conditions, which she contends were aggravated by her active military service.

The Board has granted service connection for scoliosis, finding that the Veteran's current diagnosis of scoliosis is related to his military service. The right shoulder and low back disabilities were denied as there was no evidence of a chronic disability in service or within one year following discharge.

The Board denied service connection for bilateral hearing loss and degenerative changes of the low back, finding no evidence that these conditions began during or were related to service. The effective date for service connection was also denied.

The Veteran's service-connected back, shoulder, PTSD, and ulnar neuropathy disabilities rendered him unable to obtain or maintain substantially gainful employment prior to December 4, 2014. The Board granted a TDIU on an extraschedular basis.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling, and the Board has remanded to determine if a higher rating is warranted for this period.

The Veteran's appeal of service connection for thoracic scoliosis and degenerative disc disease, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, and radiculopathy of the left leg is dismissed. The Board also granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran withdrew his increased rating claims for Traumatic Brain Injury and Lumbar Spine Disability before the Board made a decision.

The Board has remanded the issue of service connection for the cause of the Veteran's death due to an inadequate VA opinion and a need for additional evidence regarding the relationship between the Veteran’s symptoms during his second period of active service and his pancreatic cancer.

The Board has remanded the case for further development, including a determination on whether the Veteran's current back disability is related to service. The issue of hypertension remains in dispute.

The Veteran's claims for increased evaluations of his left and right shoulder strains, as well as lumbar strain prior to April 14, 2015, are remanded due to the need for additional VA examinations. The issues regarding an initial evaluation in excess of 20 percent for lumbar strain on or after April 14, 2015, remain pending.

The Board denied service connection for a low back disability as the Veteran's pre-existing mild thoracic scoliosis did not worsen during his active duty.

The Veteran's appeal for reopening her claims of service connection for lung disease, low back disability with sciatica, and gastrointestinal disability was dismissed as she withdrew the claim for lung disease. The issues of service connection for low back disability and gastrointestinal disability were reopened.

The Veteran's low back disability is rated at 10 percent prior to April 26, 2018 and at 20 percent thereafter. The Board found that the Veteran's symptoms did not meet criteria for a higher rating based on his range of motion.

The Board has granted an effective date of June 22, 2009 for the resumption of VA disability compensation benefits. The Veteran's separation pay was not recouped earlier due to a one-year waiting period following her second period of active service.

The Board has granted reopening of the claims for service connection for a left thigh disability and hypertension, but denied reopening of the claim for low back pain. The decision also remanded the issue of whether there was clear and unmistakable error in the February 1997 rating denial of service connection for hypertension.

The Veteran's claims for service connection for cervical and lumbar spine disabilities, bilateral upper extremity peripheral neuropathy and radiculopathy, and an acquired psychiatric disorder are being remanded due to the need for additional medical opinions.,Issues related to the Veteran's cervical and lumbar spine disabilities will be addressed first as they could significantly impact other claims.

The Veteran's back disability of lumbar spine arthritis is granted as secondary to his service-connected bilateral foot disabilities. The Veteran was also granted service connection for sleep apnea, which began during service and continued post-service.

The Board has dismissed the appeal for an initial increased rating for tinnitus due to withdrawal by the Veteran. The remaining issues of service connection and ratings for various disabilities are remanded.

The Veteran's claim for service connection for a chronic adjustment disorder is denied as he did not meet the criteria for an adjustment disorder.,The Veteran's claim for a rating in excess of 20 percent for lumbosacral DDD with multi-level lumbosacral spondylosis and left paracentral disc protrusion is denied due to lack of incapacitating episodes, limitation of flexion, or spinal ankylosis.,The Veteran's claim for a compensable rating for Tourette's Syndrome, complex tic's type, is denied as his symptoms are intermittent and mild.

The Veteran's degenerative arthritis of the lumbar spine is rated at 40 percent, effective November 2013. A separate rating of 10 percent for right lower extremity radiculopathy is also granted.