Back / lumbar spine decisions — 2018

The Veteran's degenerative disc and joint disease of the lumbar spine is currently rated at a 40 percent rating for the entire appellate period, but his radiculopathy of the right lower extremity has been granted ratings of 20 percent prior to February 23, 2016 and 40 percent since then.,The Veteran's TDIU claim is remanded as he contends a TDIU should be granted prior to February 23, 2016.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new VA examinations, as his current evaluations do not comply with Correia v. McDonald or Sharp v. Shulkin.

The Board denied service connection for low back disability, upper back disability, and right ear hearing loss. Service connection was granted for left ear hearing loss.

The Board has decided to remand the Veteran's claims for low back disability and acquired psychiatric disorder (including alcohol abuse, PTSD, depression, anxiety) due to incomplete service records. The AOJ is required to obtain all relevant service treatment records and personnel records from January 1960 to January 1990. They are also instructed to clarify the Veteran's periods of active duty, ACDUTRA, and INACDUTRA. Additionally, a psychiatric examination must be conducted to assess the nature and etiology of any current mental disorders.

The Veteran's low back disorder and neck disorder are not service-connected as there is no evidence of a nexus to active duty. The Veteran's migraine disorder, however, is service-connected.,Service connection for prostate cancer is remanded due to the Veteran's reported exposure to herbicides while in Thailand.

The Veteran's disability rating for lumbosacral strain was reduced from 40 percent to 20 percent, effective March 1, 2017. The Board found that the evidence did not show improvement in his condition and thus denied a higher rating.

The Veteran's claim for service connection for PTSD is denied as he does not meet the diagnostic criteria for PTSD.,A 10 percent rating, but no higher, is granted for a sprain of the right third finger PIP joint due to pain without limitation of motion.,Service connection for costochondritis (Tietze Syndrome) is denied as there is no evidence meeting the service connection requirements.,The Veteran's claims for sleep apnea, left shoulder impingement, and chronic lumbar strain are remanded for further review.

The Board has decided to remand several issues related to the Veteran's service connection claims, including those for a left leg disorder, low back strain, sciatic neuropathy of the right lower extremity, and adjustment disorder with mixed anxiety and depressed mood. The remands are due to insufficient evidence or need for further examination.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for various conditions, including right knee, cervical spine, lumbar spine, bilateral hip, ankle, CTS, and left knee disabilities. The claims are being remanded for further development, including obtaining updated VA medical records and conducting additional VA examinations.

The Board denied the Veteran's petition to reopen his claim for service connection of a low back disability, finding that new evidence did not raise a reasonable possibility of substantiating the claim.

The Board has decided to remand the Veteran's claim for a thoracolumbar spine disability due to inadequate medical opinions and missing records. The case will be returned for further development, including obtaining new VA examination and medical opinion.

The Veteran's claim of service connection for lumbar spine disability, IBS, and ruptured right eardrum has been granted. Service connection is established for the lumbar spine disability on a secondary basis to his service-connected right knee disability. The rating assigned for IBS is 30 percent. The appeal regarding the ruptured right eardrum remains pending.

The Veteran's claims for service connection for PTSD, depression, low back disability, neck disability, right shoulder disability, and left shoulder disability have been granted.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board has ordered a remand to request additional medical records and provide an examination to determine if a higher rating is warranted.

Entitlement to service connection for a right knee meniscus disability, bilateral hearing loss, constipation, and some other conditions is denied. The Board has ordered remands for further development on the issues of service connection for bilateral ankle and plantar fasciitis disabilities.,An initial compensable rating for allergic rhinitis is denied. Service connection for asthma is also denied as a higher rating is not warranted.

The Board has granted service connection for an acquired psychiatric disorder, diagnosed as unspecified trauma and/or stressor related disorder. The claims of service connection for a low back disorder, bilateral hearing loss, and tinnitus are remanded.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted his claim for Total Disability Rating Based on Individual Unemployability (TDIU).

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's lumbar spine disability was aggravated by service.

The Board dismissed the appeals for service connection due to the Veteran's death, as they have no jurisdiction to adjudicate the merits of the appeal at this time.

The Board has remanded the issues of entitlement to service connection for bilateral knee disability, increased rating for low back disability, and initial compensable rating for right foot and left foot calluses.,For the entire period on appeal, the Veteran's low back disability was not manifested by ankylosis nor did it require bed rest prescribed by a physician.