Back / lumbar spine decisions — 2018

The Veteran's low back arthrosis is currently rated as 10 percent disabling. The Board has decided to remand the case for further development, including a new VA examination and obtaining additional medical records.

The Board has remanded the Veteran's claims of service connection for a back disability and an acquired psychiatric disorder due to outstanding records not being associated with the claims file. The Veteran is also requested to provide any additional records related to his treatment at VA facilities.

The Veteran's appeal regarding effective dates for increased ratings for hypothyroidism, right hand carpal tunnel syndrome, low back disability, and right shoulder adhesive capsulitis was denied. The Board found that the evidence did not show the conditions were of severity warranting the requested earlier effective dates prior to January 2, 2015.,The Veteran's claims for increased ratings were filed on June 25, 2010, and the RO assigned the current effective dates based on VA examination findings from January 2015.

The Board has remanded the Veteran's claims for service connection for a psychiatric disability, initial ratings for his low back and right lower extremity disabilities, and TDIU due to the need for updated examinations and opinions regarding the severity of these conditions.

The Board has determined that additional examinations are needed to assess the severity of the Veteran's service-connected knee and lumbar spine disabilities, as the existing VA examination reports do not comply with the requirements set forth in Correia v. McDonald (2016).

The Board denied service connection for a low back disability and an acquired psychiatric disorder (including panic disorder and anxiety) as there is no evidence linking these conditions to the veteran's military service.

The appeal on most of the issues has been withdrawn and is dismissed. Service connection for peripheral neuropathy of the bilateral lower extremities, upper extremities, hypertension, gout, asthma, COPD, and right ankle disability have been granted. The remaining issues are remanded.

The Veteran's appeals for service connection were dismissed. The Board found that the Veteran withdrew his claims for right ankle disability and diabetes mellitus, type II prior to a decision being made. Service connection was granted for tinnitus but denied for sleep apnea, bilateral carpal tunnel syndrome, low back disability, neuropathy of left lower extremity, and neuropathy of right lower extremity.

The Board has granted service connection for arthrosis of the lumbar spine, left knee disorder, and right knee disorder. Service connection for insomnia as a manifestation of PTSD is also granted. The claims for hypertension, headaches, pulmonary disability, sleep apnea, and diabetes mellitus are remanded due to lack of definitive opinions.

The Veteran's claims for increased ratings and initial ratings for his service-connected lumbar spine disability and major depressive disorder are being remanded due to the need for further development, including obtaining updated VA examinations.

The Veteran's claim for service connection for a low back disorder has been reopened, but the claim remains denied.,Service connection is granted for right and left knee disorders. The Veteran's current diagnoses of osteoarthritis are not considered to be related to his military service.,Service connection for a skin disorder (due to exposure to mustard gas) is denied as there is no evidence linking the condition to service or to mustard gas exposure.

The Veteran's lumbar degenerative disc disease and intervertebral disc syndrome, as well as related symptoms of radiculopathy, neuropathy, and foot drop, are granted a rating of 40 percent since June 20, 2016. The right lower extremity radiculopathy is denied.

The Board has remanded the Veteran's claims for increased evaluations for left and right lower extremity compartment syndrome, service connection for a lumbar strain, testicular cancer (to include as due to contaminated water at Camp Lejeune), right lower extremity scars, and an acquired psychiatric disability other than PTSD. Additional VA treatment records must be obtained.

The Veteran's claims for increased ratings and an effective date are being remanded due to a claim of CUE in the July 1967 rating decision denying service connection for lumbar spine spondylosis.

The Veteran's appeal for service connection for onychomycosis (claimed as bilateral great toenail removal with arthritis) was dismissed. The Board found a clear and unmistakable error in the April 1998 rating decision that granted service connection for fibromyalgia, assigned an initial disability rating of 40 percent for fibromyalgia, and failed to assign separate disability ratings for the right shoulder disorder, costochondritis, and irritable bowel syndrome. Separate disability ratings were granted for these conditions.

The Board has reopened the claims for service connection for depressive disorder NOS, thoracic dextro scoliosis, lower back disorder, IBS, GERD and DJD of the bilateral knees. The Veteran's current acquired psychiatric disorders are related to his active duty service.

The Veteran's low back injury with lumbosacral strain and traumatic arthritis is rated at 40 percent prior to October 31, 2012. From that date, the disability remains rated at 40 percent.

The Veteran's claims for service connection for type II diabetes mellitus and tinnitus have been granted. However, the remaining claims related to bilateral lower extremity disability, bilateral upper extremity disability, urinary disability, left ankle disability, left knee disability (secondary to left ankle), lower back disability (secondary to left ankle), bilateral hearing loss, and residuals of a ruptured ear drum have been remanded for further development.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Veteran has withdrawn his appeals for all issues related to the cervical spine, left knee, left hip, lumbar spine, right hip, left shoulder, right shoulder, and right knee disabilities. Additionally, he withdrew his claim for a TDIU prior to June 29, 2016.