Back / lumbar spine decisions — 2018

The Board has decided to remand the case due to insufficient evidence of a current back condition during service, and an additional VA examination is needed.

The Board has ordered a remand to obtain an opinion on the severity, frequency, and duration of flare-ups and functional loss due to the Veteran's lumbar spine disability prior to May 16, 2016.

The Board has reopened the Veteran's claim for service connection for depression. The appeal is granted to this extent only, and the claims of service connection for low back disorder and an acquired psychiatric disorder (including intermittent explosive disorder, PTSD, anxiety disorder and depression) are remanded.

The appeal for service connection for emphysema is dismissed.,Service connection for a disability of the bilateral legs is denied.,Entitlement to service connection for a lumbosacral strain (claimed as back condition) and depression, secondary to a low back condition are remanded.,Entitlement to service connection for a disability of the bilateral feet, secondary to a low back condition is remanded.,Entitlement to service connection for a thoracic aortic aneurysm is remanded.

Service connection for lumbar spondylosis is granted. The claims for service connection for sleep apnea and major depressive disorder are remanded.

The Board has decided to remand the case due to an inadequate VA examination, and a new one is needed to determine the Veteran's back disability.

The Board has remanded the Veteran's claims for an earlier effective date due to incomplete records and requests for additional information from SSA.

The Board has granted the Veteran's requests to reopen his claims for service connection for left knee disability, back disability, and depressive disorder. The cases are remanded for further development.

This decision is remanded for several issues related to the Veteran's service-connected left total knee arthroplasty and degenerative disc disease of the lumbar spine. The rating in excess of 10 percent for the left knee prior to May 12, 2015, and a rating in excess of 30 percent since June 30, 2016, are remanded. The rating in excess of 40 percent for the lumbar spine prior to August 25, 2015, and a rating in excess of 20 percent since that date are also remanded. Additionally, the reduction from 40 percent to 20 percent effective August 25, 2015, is remanded. The issue of TDIU prior to November 22, 2017, is also remanded.,Reasoning for rating in excess of 10 percent and 30 percent for left knee: The examination was inadequate as it did not include range of motion testing during flare-ups.

The Veteran's initial ratings for cervical spine, thoracolumbar spine, and sciatic radiculopathy of the lower extremities have been denied. The Veteran's conditions are rated based on their direct service connection without any presumption or secondary theory.

The Veteran's claims for service connection have been dismissed due to their death.

The Board has remanded the claims of service connection for bilateral hearing loss, lumbar spine sprain, and left shoulder sprain due to insufficient reasoning in the VA examination opinions.

The Board has granted service connection for fibromyalgia as secondary to the Veteran's service-connected lumbar spine disability and assigned a 40 percent rating for his degenerative disc disease of the lumbar spine. The right lower extremity radiculopathy is rated at 20 percent.

The Veteran's appeal for purchasing a bed and chair under the Chapter 31 benefits was denied because the items were not deemed necessary to maintain independence in daily living.

Service connection is granted for residuals of enterococcus, to include chronic diarrhea. Service connection is remanded for hearing loss, low back condition, skin condition, and respiratory condition.

The Board has remanded several issues related to the Veteran's service connection claims, including for a low back disability, carpal tunnel syndrome and ulnar cyst of the right wrist, as well as his contact dermatitis/eczema. The Veteran is also being remanded for a total disability rating due to unemployability.

The Board has reopened the Veteran's claim for service connection of a low back condition due to new and material evidence. However, the claim is denied as there is no medical evidence linking the current low back condition to service.

The Veteran's low back disorder, including L5-S1 spondylolisthesis with degenerative joint disease and spinal stenosis, was rated at 10 percent from August 31, 2012. The evidence does not support a higher rating as the range of motion for the thoracolumbar spine was found to be flexion at 80 degrees with a combined range of motion of 200 degrees and no significant functional impairment.

Service connection for acquired psychiatric disability, including depressive and anxiety disorders, is granted.,Service connection for right lower extremity radiculopathy, headaches, hearing loss, and tinnitus are all denied. Service connection for degenerative disc disease is granted with a rating of 50 percent effective from April 5, 2016.

The Veteran's claims for service connection for back disability, alcohol dependence in full remission, personality disorder, and left testicular contusion have been withdrawn. The claim of service connection for chronic sinusitis is denied. Service connection has been granted for PTSD and major depression (acquired psychiatric disability).