Back / lumbar spine decisions — 2018

The Board has remanded the Veteran's claims for an initial evaluation higher than 10 percent and evaluations higher than 20 percent for his lumbar degenerative disc disease, as well as a claim for TDIU prior to November 17, 2014. The issues are being remanded due to conflicting evidence and need further clarification.

The Veteran's claim for increased evaluations for his lumbar spine disability is being remanded due to the need for a new VA examination to assess the current severity of his condition.

The Veteran's TDIU claim is being remanded for extraschedular consideration due to evidence showing he was unemployable due to service-connected disability prior to July 11, 2008.

The Veteran's claim for a higher rating for his service-connected back disability is denied as the impairment caused by the condition is already contemplated in the schedular rating criteria and any effect on employability is addressed through his TDIU award.

The Board has denied service connection for left ear hearing loss and right ear hearing loss due to lack of a current disability. The Veteran's back disorder is remanded for further examination and opinion.

The Veteran's claims for a higher rating for his lumbar spine disability and service connection for an acquired psychiatric disorder, to include major depressive disorder, are being remanded due to the need for additional examinations and evaluations.

The Board has remanded the Veteran's claims of service connection for low back disability, bilateral knee disorders, and initial compensable rating for ureterolithiasis (kidney stones) due to incomplete development. The Veteran must provide private treatment records from 2014 onward related to his conditions, and he must be afforded VA examinations with imaging studies.

The Veteran's claim for increased ratings for various conditions related to his diabetes and coronary artery disease was partially granted, with some issues receiving a separate rating.

Service connection is granted for bilateral knee arthritis, low back disorder, left lower extremity lumbar radiculopathy, right lower extremity lumbar radiculopathy, cervical spine degenerative disc and joint disease, cervical radiculopathy (right upper and left upper extremities), acquired psychiatric disorder (major depressive disorder), and erectile dysfunction as secondary to service-connected right knee disabilities.,Service connection is granted for osteoporosis, deviated nasal septum, rhinitis, traumatic brain injury (TBI), left lower extremity patellar dysfunction, right tibia-fibula fracture residuals, right foot pes cavus deformity, right iliac crest, right lateral lower knee, and right medial knee scar, total disability rating for compensation based on individual unemployability (TDIU), and service connection is remanded for these conditions.

The Veteran's initial rating for left ankle fracture with internal fixation and screw removal is granted at 20%. The Board also remanded the issue of service connection for a lower back disability due to potential secondary service connection.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no medical nexus between his current condition and military service. The new evidence submitted since the July 2008 decision is considered cumulative.

The Board has decided to remand the Veteran's claims for chronic low back strain and recurrent furunculosis due to inadequate examinations and the need for updated evaluations. The Veteran will be scheduled for further medical examinations.

The Board denied the Veteran's claims for service connection for radiculopathy of the right lower extremity and lumbosacral spine disability, finding no current disability due to active service or a service-connected condition.

The Board denied service connection for various conditions including a right arm, back, left knee, and right knee condition. The Veteran's claims were based on direct evidence rather than presumptive exposure or other theories.

The Board has determined that the Veteran's low back disorder is causally related to his service, and therefore grants entitlement to service connection.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, qualifying for special monthly compensation at the higher rate. He also qualifies for assistance in acquiring specially adapted housing due to his significant service-connected disability affecting both lower extremities.

The Board denied earlier effective dates for the awards of service connection for DJD of the left knee and lumbar spondylosis with facet arthropathy, finding that the earliest possible dates were November 29, 2003 (for lumbar spondylosis) and July 18, 2005 (for DJD).

The Board has decided to remand the Veteran's claims for left heel/foot disability, osteoarthritis of the lumbar spine, and radiculopathy in both lower extremities due to insufficient medical opinions regarding their etiology.

The Board has remanded the Veteran's claims for service connection due to conflicting medical opinions and incomplete records. The Veteran is required to provide additional medical records, including from Dr. Constantine and Dr. Mazer since 2015, as well as reserve service treatment records.

The Board has remanded the claims for service connection due to insufficient VA examination reports and the need for additional medical records. The Veteran's allegations of in-service assault, beatings, and injection with sodium pentothal are considered.