Back / lumbar spine decisions — 2018

The Board has decided to remand the Veteran's claims for right shoulder strain and lumbar strain due to inadequate examination reports, requiring further development.

The Veteran's DDD of the cervical spine is granted as service connected. The issues of service connection for a back disorder, right ear hearing loss, and tinnitus are remanded.

The Veteran's lumbar spine disability is granted service connection based on a finding of chronic symptoms during service and continuous since separation. The cervical spine disability is denied as there are no chronic symptoms in service or continuity after service.

The appeal as to hepatitis C is dismissed. The appeals for service connection and rating increase related to the Veteran's low back condition, right leg radiculopathy, neuritis pain disorder of the right upper extremity, and residual scarring of the right hand are remanded.

The Board has remanded the cases due to insufficient evidence and need for further examination. The Veteran's cervical spine degenerative disc disease, thoracolumbar scoliosis, left hip condition, left foot condition, and migraines are all under review.

The Veteran's claims for service connection have been reopened, and a rating of 20 percent has been granted for degenerative disc disease of the cervical spine. The claim for hypertension remains pending.

The Board has determined that the VA examinations are inadequate and additional evidence is needed to determine the etiology of the Veteran's right shoulder condition and Degenerative Joint Disease (DJD) of lumbosacral spine.

The Veteran's appeals for service connection for low back disability and right ear hearing loss have been dismissed due to the death of the Veteran during the appeal process.

The Veteran's claim for service connection for trapezius and lumbar region pain with scoliosis and age-related degenerative changes was denied. The Board found that the evidence did not show a link between these conditions and his military service.,The Veteran's PTSD was rated at 70 percent, which is the maximum rating available under the applicable criteria. The Board concluded that the Veteran’s symptoms were not severe enough to warrant a higher rating.

The Board has remanded the Veteran's claims of service connection for lumbar spine disability, cervical spine disability, and bilateral knee pain due to incomplete records and need for further examination.

The Veteran's appeals for service connection on the merits have been dismissed due to his withdrawal of such claims at a hearing. The remaining issues, including those pertaining to an acquired psychiatric disorder and TBI, are remanded.

The Board has granted the reopening of claims for service connection for a back disability and right third toe injury, but has remanded the issues of service connection for a right foot disability (gout) and a back disability.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spine degenerative disc disease and for TDIU due to service-connected disabilities. The Veteran was examined in July 2017, but additional examination is needed to address flare-ups of back symptoms and occupational limitations.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for further development of evidence.

The Board has determined that new VA medical examinations are required for the Veteran's service-connected lumbar spine, bilateral pes planus, left knee disability, and lower extremity radiculopathy. The issues of increased ratings for these conditions have been remanded.

The Veteran's service-connected degenerative disc disease, spondylosis, and spondylolisthesis of the lumbar spine is remanded for further examination. The Veteran's service-connected left lower extremity radiculopathy and right lower extremity radiculopathy are also remanded for further evaluation.

The Veteran's claims for earlier effective dates for the grant of service connection for PTSD, sleep apnea, gall bladder removal, a back disability, and a right shoulder disability are denied.,The Veteran's claim for an initial rating in excess of 50 percent for PTSD is denied.,The Veteran's claim for an initial rating in excess of 50 percent for sleep apnea is denied.,The Veteran's claim for an initial rating in excess of 10 percent for gall bladder removal is denied.,The Veteran's claim for a compensable rating for right foot ganglion cyst removal is granted.

The Veteran's fibromyalgia is rated at 20 percent prior to February 28, 2011, and at 40 percent thereafter. The Board finds the evidence does not support a higher rating.,For her right shoulder disability, the Veteran was initially rated at 20 percent under Diagnostic Code 5201. Her current rating is also 20 percent.

The Board has remanded the Veteran's claims for a thoracolumbar spine disability and traumatic brain injury due to insufficient medical opinions regarding service connection. The Veteran is required to undergo additional examinations to determine if his conditions are related to service.

The Veteran's claim to reopen service connection for PTSD has been granted. The issues of service connection for depression and PTSD, TBI, post-operative chondromalacia of the right knee, varus and valgus laxity of the right knee, low back strain, and entitlement to a total disability rating based on individual unemployability (TDIU) are remanded.