Back / lumbar spine decisions — 2018

The Veteran's disability ratings for Right Shoulder Disorder, Neck Disorder, Back Disorder, Right Ankle Disorder, and Gastrointestinal Disorder were reduced from 10% to 0%. The reduction in the rating of scars was also granted.

The Board has decided to remand the Veteran's claims for service connection for left shoulder disorder, low back disorder, and acquired psychiatric disorder due to incomplete records and need for further examination.

The Veteran's appeal for an initial rating in excess of 10 percent for service-connected left knee disability prior to December 2, 2015 and 60 percent thereafter (excluding the temporary 100% rating from December 2, 2015 to February 1, 2017 for prosthetic replacement of the left knee) has been dismissed. The appeal for a higher rating for service-connected diffuse degenerative joint disease and spondylolisthesis of the lumbar spine is remanded. The appeal for an initial compensable rating for service-connected right knee disability is also remanded.

The Board has remanded the Veteran's claims for service connection due to inadequate examination reports and conflicting opinions. The issues include tinnitus, left knee disability, right knee disability, degenerative disc disease of the lumbar spine, left lower extremity sciatica, right lower extremity sciatica, acquired psychiatric disorder (anxiety and depression), and bilateral hearing loss.

The Board has remanded the claims for service connection for depression and lumbar spine disability due to inadequate examinations in April 2012. The Veteran's TDIU claim is also being remanded.

The Veteran's service-connected disabilities, including lumbosacral strain and knee disability, have been found to meet the schedular criteria for a total disability rating based on individual unemployability (TDIU) since March 18, 1993.

The Veteran's low back disability characterized as degenerative arthritis of the lumbar spine with intervertebral disc syndrome is granted. The remaining issues are remanded for further evaluation.

The Board has remanded the issues of service connection for bilateral plantar fasciitis and right knee degenerative joint disease, as well as effective dates for these conditions.,Further examination is needed to determine if the Veteran's current bilateral plantar fasciitis is related to his service-connected bilateral ankle disabilities.

The Board has granted service connection for right shoulder, cervical spine, and lumbar spine disorders due to the Veteran's in-service physical labor and complaints of pain since active duty.

The Veteran's anxiety disorder is granted a rating of 50 percent effective June 18, 2012. The temporary total disability rating for degenerative disc disease with arthritis from September 12, 2014 to September 29, 2014 is denied. The issues of entitlement to service connection for obstructive sleep apnea and chondromalacia of the left patellofemoral joint are remanded.

The Veteran's lumbar degenerative disc disease with IVDS was denied a rating in excess of 20 percent prior to March 16, 2018 and a rating in excess of 40 percent from that date onwards.,The Veteran's osteoarthritis of the right knee was denied a higher than 10 percent rating throughout the appeal period.,The Veteran's left ankle strain was denied a higher than 10 percent rating throughout the appeal period.

The Board has remanded the cases due to the need for additional examinations to assess the current severity of the Veteran's service-connected low back disability and costochondritis.

The Board has remanded the case due to insufficient reasoning in its previous decision regarding service connection for chronic lumbar degenerative disease with secondary multiple level disc degeneration. The Veteran's claim will be reviewed again, and a new VA medical opinion is needed.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient medical opinions regarding his hearing loss and sleep apnea disabilities.

The Veteran's degenerative osteoarthritis of the lumbar spine and osteoarthritis of the right hip are granted as secondary to his service-connected bilateral knee and left hip disabilities.

The Board has remanded the claims due to insufficient evidence regarding the current existence of a right knee disability, thoracolumbar spine disability, and radiculopathy of the right lower extremity. The Veteran's service-connected right hip osteoarthritis is also being remanded for further examination.

The Board has granted the petition to reopen the claim of service connection for a back disability, but denied the claim itself due to lack of evidence showing in-service incurrence or continuity of symptomatology.

The Veteran's claims for service connection and rating increases have been denied. The Board found no new and material evidence to reopen his hypothyroidism and sleep apnea service connection claims, and the arthritis, back condition, neck condition, high cholesterol, bilateral hearing loss, tinnitus, prostate cancer residuals, coronary artery disease, scar due to coronary artery bypass grafting, scar due to radical prostatectomy, PTSD, and rating increase claims have all been denied.

The Veteran's lumbar spine disability is rated at 10 percent prior to December 14, 2017, and at 20 percent thereafter. The Board found the evidence did not support a higher rating for any period.

The Veteran's appeal for a higher rating for his service-connected thoracic and lumbar scoliosis, thoracolumbar degenerative disc disease, and status post lumbar laminectomy has been dismissed because the Veteran withdrew his appeal.