Back / lumbar spine decisions — 2018

The Veteran's service-connected disabilities, including PTSD, lumbar and cervical strains, render him unable to secure and follow substantially gainful employment. The right wrist condition is remanded for a medical opinion on whether it is at least as likely as not caused or aggravated by his thoracolumbar disability. The thoracolumbar strain with disc bulging is also remanded for an examination to assess the severity of his back disability, including left lower extremity radiculopathy. The left leg radiculopathy associated with thoracolumbar strain with disc bulging is also remanded.

The Veteran's disability rating for lumbar spondylosis with degenerative changes at L4-L5 and L5-S1 levels was denied as his condition did not meet the criteria for a higher rating. The case is remanded due to issues related to TDIU.

The Board has determined that further record development is required due to outstanding, relevant records from private medical providers and VA treatment records. The Veteran should be asked to identify all such records.

The Board has decided to remand the case due to inadequate VA examinations and requests for a new examination.

The Board denied service connection for a low back condition and a bilateral eye condition, finding no evidence linking these conditions to the Veteran's active service. The claims were also not granted as there was insufficient medical evidence supporting the need for increased ratings for plantar callosities.

The Board has granted service connection for sleep apnea and remanded the cases of degenerative arthritis of the thoracolumbar spine and cervical spine for further development.

The Veteran's service-connected disabilities, including his degenerative disc disease, anxiety disorder, hiatal hernia, migraine headaches, radiculopathy (left and right lower extremities), and eczema, render him unemployable. The Board has granted a TDIU based on the combined effect of these conditions.

The Board has granted the reopening of the Veteran's claims for service connection for lumbar spine disability, heart disability, hypertension, and forehead scar. The cases are remanded to schedule VA examinations to determine if these conditions are related to service.

The Board has remanded the Veteran's claims for increased ratings of his service-connected lower back and right knee disabilities due to incomplete development, including missing VA examinations.

The Board denied service connection for a low back disability and bilateral hearing loss, finding that the Veteran's current conditions did not pre-exist service or were aggravated by service. The evidence showed no in-service noise exposure leading to hearing loss.

The Veteran's claims for increased ratings have been granted, with a rating of 40 percent and no higher for lumbar radiculopathy of the left and right lower extremities. The claim for increased rating for lumbar myositis has also been granted, but at a lower rating (40 percent).

The Veteran's degenerative disc disease of the lumbar spine and left leg radiculopathy are both rated at 10 percent each, with no higher ratings granted. The Veteran is not entitled to a higher rating for his back condition prior to November 10, 2015, or from November 10, 2015 onwards. A separate rating of 10 percent was assigned for left leg radiculopathy as of March 10, 2010.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of his medical records.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, a cervical spine condition, and a back disability due to new evidence submitted by the Veteran indicating his disabilities are related to his service in the Persian Gulf. The VA will verify the Veteran's service locations and obtain any missing VA treatment records. They will also provide appropriate notice regarding the claims of service connection for undiagnosed illnesses.

The Veteran's lumbar degenerative disc disease is rated at 20% from January 1, 2006 to August 29, 2006 and from October 1, 2006 to August 25, 2008. A separate 10% rating for a laminectomy scar is granted.

The Board has remanded the Veteran's claims for low back strain, right hip piriformis syndrome, and left hip piriformis syndrome due to new evidence of increased disability. The TDIU claim is also being remanded as it may be significantly impacted by the outcome of these issues.

The Veteran's claim for an evaluation in excess of 40 percent for his low back disability is being remanded due to the need for a new VA examination and additional treatment records.

The Board has granted service connection for degenerative changes of the thoracolumbar spine, left knee patellofemoral pain syndrome and DJD, and right knee patellofemoral pain syndrome and DJD. Service connection was denied for bilateral myopia, hypercholesterolemia, and residuals of a traumatic brain injury (TBI).

The Board denied service connection for various disabilities, including bilateral shoulder, elbow, cervical myositis with chronic pain, lumbar spine, carpal tunnel syndrome, and lower extremity radiculopathy. The evidence did not support a finding of in-service injury or disease that caused these conditions.

The Board has determined that further development is needed to determine the severity of the Veteran's service-connected lumbar spine disorder and associated neurological impairments, including IVDS and radiculopathy. The case is being remanded for these purposes.