Back / lumbar spine decisions — 2018

The Board has remanded the claims for an initial rating in excess of 10 percent for a lower back disability, and for ratings prior to June 24, 2014 for right and left lower extremity radiculopathy. The Veteran should be provided with VA examinations to assess his current lower back disability severity.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment, as he is able to perform sedentary work and has a history of working in various occupations.

The Board has remanded the Veteran's claims of service connection for various conditions, including sleep apnea, back disorder, GERD, hypertension, right knee disability, and pes planus. The appeals are pending as new evidence has been submitted that relates to an unestablished fact necessary to substantiate these claims.

The Veteran's lumbar spine disability was reduced from 40 percent to 10 percent effective October 1, 2009. The Board found the reduction improper and restored the 40 percent rating. The Veteran is also entitled to a 10 percent rating for his left lower extremity radiculopathy prior to August 16, 2013.

The Veteran's disabilities, including low back disability, lateral collateral ligament strain of the left knee, erectile dysfunction, left lower extremity radiculopathy, and psychiatric disability, are being remanded for further evaluation due to a lack of recent VA treatment records and possible private care.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lumbar spine disability and its relationship to service, as well as his cervical spine disability. The Veteran is requested to provide additional medical records and undergo a VA examination.

The Board has remanded the cases due to new evidence being uploaded into the Veteran's claims file, and a supplemental statement of the case (SSOC) must be issued for the issues of service connection for tailbone/coccyx disability and increased ratings for thoracolumbar strain, bilateral patellofemoral syndrome, left leg calf strain, and migraine headaches.

The Board has remanded the cases for additional development due to inadequate medical opinions regarding the Veteran's low back disability and acquired psychiatric disability.

The Board has denied the Veteran's claims for service connection for spondylolisthesis L5-S1, status post lumbar fusion (claimed as chronic back pain), right ankle disability, and left ankle disability. The decision to reopen the claim of service connection for left ankle disability is remanded due to new evidence showing an old healed fracture in the Veteran's left ankle.

The Veteran's claim for a higher rating for his service-connected degenerative joint disease of the lumbar spine is being remanded due to inadequate examination findings. He will need to undergo another VA examination that complies with the requirements set forth in 38 C.F.R. § 4.59.

The Veteran's claims for an increased evaluation and TDIU are being remanded due to the need for a new examination of his service-connected left leg/ankle disability, as well as the referral of a claim regarding a back disability.

The Veteran's diabetes mellitus, lumbar muscle injury, right lower abdomen muscle injury, right thigh muscle injury, and left calf muscle injury are all rated based on their current severity. The Board has found that a higher rating is warranted for the period prior to May 14, 2015, but remanded for further development of his claims due to lack of recent VA examinations and outstanding treatment records.

The Veteran's claims for evaluation of lumbosacral strain and degenerative arthritis, as well as service connection for an upper back disability (secondary to her service-connected lumbosacral strain and degenerative arthritis), are remanded due to the need for additional development.

The Board has remanded the claims for service connection for low back and left shoulder disabilities due to new evidence submitted by the Veteran. The claims will be reviewed again with a focus on whether the current conditions are related to service.

The Veteran's initial claim for a higher rating for degenerative disc disease of the lumbar spine was denied. However, he received separate ratings for right and left lower extremity radiculopathy from July 30, 2010 onwards. The Veteran also received a TDIU grant due to his service-connected conditions precluding him from securing or following a substantially gainful occupation.

The Veteran's lumbar spine disability is rated at 10 percent, but does not meet the criteria for a higher rating under VA regulations.,The Veteran's CAD is currently rated at 30 percent and does not meet the criteria for a higher rating based on the severity of his condition.

The Board has granted the Veteran's claim of service connection for bilateral knee disabilities. The appeal regarding his low back disability is dismissed as he withdrew it prior to a decision.

The Veteran's claim of a higher initial rating for his chronic low back strain is being remanded due to the need for updated medical evidence and an examination.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the Veteran's conditions and their relationship to his service or a back disability.