Back / lumbar spine decisions — 2018

The Board has decided to remand the Veteran's claims of service connection for a low back disability, degenerative joint disease (DJD) of the bilateral hips, and tinnitus. The decision is based on incomplete service treatment records and discrepancies in medical opinions regarding the etiology of these conditions.

The Board denied the Veteran's application to reopen his claim for service connection for chronic lumbosacral strain, finding that new and material evidence had not been submitted since the May 2002 rating decision.

The Veteran's claim for TDIU and permanent total disability rating was granted effective December 5, 2006. The Board found that the Veteran met the threshold percentage requirements for an award of TDIU as of December 5, 2006, and there is no reason to conclude that he could engage in substantially gainful employment at any point during the period from December 5, 2006, to July 31, 2008.

The Veteran's bilateral knee disabilities and thoracolumbar spine intervertebral disc syndrome with herniated disc prior to February 4, 2015 are denied. The Veteran's lumbar radiculopathy of the left lower extremity prior to February 4, 2015 is also denied.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's back disorder, particularly concerning the nonunion of the posterior elements of L5.

The Board has denied service connection for back and neck disabilities, as well as IHD, squamous cell carcinoma, MSA, and autonomic neuropathy due to herbicide exposure. The claims are remanded for further development.

The Veteran's low back, pes planus, and bilateral knee disabilities are granted as direct service connection. The Veteran's PTSD is rated at 50%.

The Veteran's claim for higher disability ratings for degenerative disc disease (DDD) of the lumbar spine is being remanded due to inadequate examination findings and the need for additional evidence.

The Board has remanded the Veteran's claims for a rating in excess of 50 percent for migraines, cluster and tension headache (headache disability) and for a rating in excess of 40 percent for lumbar strain and muscular spasms (back disability).

The Board granted service connection for the cause of the Veteran's death, effective June 21, 2007, based on a claim submitted in June 2007. The decision found that the initial claim implicitly included a request for service connection for the cause of the Veteran’s death.

The Board has granted service connection for a lumbar spine injury but denied service connection for a right shoulder injury. The lumbar spine injury is considered to be due to an in-service injury, while the right shoulder injury is not related to service.

The Veteran's low back disability, diagnosed as Degenerative Disc Disease of the Lumbar Spine, is related to his service. The Board found that reasonable doubt was resolved in favor of the Veteran and granted service connection for this condition.

The Board has remanded the cases due to insufficient examination reports and the need for additional records, particularly from a private psychiatrist.

The Veteran's right knee disability is rated at 10% for arthritis with limitation of motion and a separate 10% rating for residuals of the meniscectomy. For the lumbar spine, a noncompensable rating was assigned from January 1, 2012 to March 10, 2016, and a 10% rating has been granted since March 11, 2016.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of a current disability related to an in-service injury or event.

The Board denied service connection for back, hip, and leg disorders secondary to gouty arthritis of the right wrist and feet. The Veteran's current symptoms do not meet the criteria for a higher rating under Diagnostic Code 5017.

The Veteran's osteoarthritis of the lumbar spine is granted service connection and rated at 30 percent. The left ankle fracture status post fusion prior to July 11, 2014, is also granted service connection and rated at 30 percent. Since July 11, 2014, the Veteran's left ankle disability is rated at 20 percent.

The Board has decided to remand the Veteran's claims for service connection due to his failure to report for VA examinations and because he provided good cause. The cases are now being sent back for further examination.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence. Further development is needed, including obtaining additional medical records and verifying a claimed in-service stressor.

The appeal of the issue of an increased rating for left knee degenerative joint disease is dismissed. The case is remanded for further development regarding service connection for thoracolumbar degenerative joint disease and entitlement to TDIU.