Back / lumbar spine decisions — 2018

The Veteran's claim for an initial, compensable disability rating for loss of teeth is denied. The Board has remanded the issues of service connection for a lumbar spine condition, left knee condition, and acquired psychiatric disability.

The Veteran's radiculopathy of the right lower extremity is rated at 20 percent since June 19, 2018. The Board found that her back disability warrants a remand for further examination.

The Veteran's initial disability rating for his lumbar spine disability was denied, with a final rating of 40 percent effective August 14, 2017. The appeal is based on the criteria set forth in the General Rating Formula and IVDS Formula.

The appeal of the service connection claim for a brain abscess is dismissed.,The appeal of the increased rating claim for tinnitus is dismissed.,New and material evidence has been presented, and the claims of entitlement to service connection for a lumbar spine disorder are reopened.,New and material evidence has been presented, and the claims of entitlement to service connection for hepatitis C are reopened.,A rating of 40 percent for a seizure disorder is granted, subject to the laws and regulations governing the award of monetary benefits.,The appeal of the service connection claim for fatigue disorder is remanded.,The appeal of the service connection claim for liver disorder is remanded.,The appeal of the service connection claim for digestive disorder is remanded.,The appeal of the service connection claim for hypertension is remanded.

The Veteran's right lower extremity radiculopathy is rated at 40 percent, and his left lower extremity radiculopathy is rated at 20 percent. The lumbar spine disability remains at a 10 percent rating.

The Board has remanded several issues, including the claims for a respiratory condition, lumbar spine disability, left and right ankle disabilities, bilateral pes planus, left hip disability (secondary to service-connected disability), right knee disability (secondary to service-connected disability), and sleep apnea. These issues will be addressed in further proceedings.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment in a sedentary capacity. The Board denied the claim for TDIU.

The Board has dismissed the Veteran's appeals for service connection of a left shoulder disability, right elbow disability, back disability, and right knee disability. The appeal concerning PTSD was also dismissed.,Service connection for these conditions was granted in an April 2018 rating decision.

The Veteran's appeal for sleep apnea was dismissed. The Board has also remanded the issues of rating lumbar strain, left leg disability (stress fracture), anxiety and depression, and TDIU.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and urinary incontinence, have rendered him unable to secure or follow any substantially gainful employment. The Board finds that his conditions preclude him from engaging in such employment.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his lumbar spine disability, as he does not have loss of use of one or more lower extremities.

The appeal seeking nonservice-connected pension is dismissed. The appeals for increased ratings of the lumbar spine and left knee injuries are denied, but a separate 10 percent rating is granted for right lower extremity radiculopathy.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbosacral spine was denied as there is no evidence that his forward flexion of the thoracolumbar spine was limited to 30 degrees or less at any point during the appeal period.

The Board denied the Veteran's petitions to reopen claims for service connection for right shoulder, right elbow, and low back disabilities due to lack of new and material evidence.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are related to his in-service noise exposure. Service connection for a back disorder is denied.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's current lumbar spine disorders are related to his service, specifically his parachute jump injury in 1964.

The Board has decided to remand the claims for service connection for a back disorder, as well as the ratings for right and left knee disabilities. The Veteran's representative argued that his current back disorder is caused or aggravated by his service-connected bilateral knee disabilities. Additional information regarding flare-ups of the Veteran’s knee symptoms is needed.

The Board denied service connection for a low back condition, finding that the Veteran's current back disorder is not related to his in-service injuries and instead was caused by a work-related accident decades after service.,The Board also denied service connection for a skin condition, concluding that it is not related to herbicide exposure during service.

The Board has remanded several issues related to the Veteran's knee and spinal disabilities, including increased ratings for right knee osteochondritis dessicans and instability, left knee osteochondritis dessicans, service connection for degenerative changes in the thoracolumbar spine, and service connection for degenerative changes in the cervical spine. The claims are remanded due to new evidence and need further examination.

The Board has remanded the claims for an increased rating for lumbar strain and for a total disability evaluation based on individual unemployability due to service-connected disorders.