Back / lumbar spine decisions — 2018

The Board has decided to remand the claims for right knee and back disabilities due to insufficient evidence, and a VA examination is required to determine if service connection can be established.

The Board has remanded the Veteran's claims of service connection for back, left knee, and right knee disabilities due to insufficient evidence. The issues are being returned for further examination and consideration.

The Board has remanded the claims for increased evaluations of the Veteran's thoracolumbar pain syndrome and stress fractures of both feet due to inadequate examination reports. The AOJ is required to arrange new examinations that comply with 38 C.F.R. §§ 4.40, 4.45, and 4.59.

The Veteran's service-connected conditions render him in need of the regular aid and attendance of another person due to his inability to dress, undress, or bathe himself as a result of his disabilities.

The Board has remanded the case due to incomplete records and need for a compensation examination. The Veteran's eye disorder is being evaluated further.

The Board has granted the reopening of the claim for service connection for a low back disability and denied the rating in excess of 10 percent for hemorrhoids. The Veteran's current diagnosis is intervertebral disk displacement, which he attributes to his active duty service.

The Veteran's neck disability is granted as service-connected.,Hypertension was not shown to be related to service and did not manifest within one year of separation.

The case is being remanded due to the need for new VA examinations as per a recent Court of Appeals for Veterans Claims decision.

The appeal is being remanded due to the failure of the July 2017 Board decision to comply with previous remand directives, specifically regarding a VA examination and its results.

The Veteran's petition to reopen the claim for service connection for a left knee disorder is granted, and the claim is reopened.,The Veteran's petition to reopen the claim for service connection for a back disorder is granted, and the claim is reopened.

The Board denied the Veteran's claims for service connection for a back disability, temporary total rating based on surgical or other treatment necessitating convalescence associated with cervical spine surgery in November 2011, and a compensable rating for hemorrhoids.

The Board has remanded the claims for left ankle, left knee, and back disabilities due to inadequate medical opinions. The Veteran will be provided with new VA examinations to determine the nature and etiology of these conditions.

The Board has determined that the Veteran's claims for initial compensable disability ratings and service connection are not fully addressed due to a lack of VA examinations, particularly regarding his skin conditions, foot disabilities, back disability, and psychiatric disorder. The Board is remanding these issues for further development.

The Veteran's claim for a rating in excess of 40 percent for residuals of L1 fracture with degenerative arthritis and degenerative disc disease was denied. The Board found that the evidence did not support an increased rating as there were no findings of unfavorable ankylosis or incapacitating episodes.

The Board denied service connection for a lumbar spine disorder and sleep apnea, finding that the evidence did not support a link to service.

The Veteran's lumbar spine disability and right and left lower extremity radiculopathy are rated at the maximum allowable under VA guidelines, with no further increase in rating possible.

The Veteran's claim for service connection of a left knee disability has been reopened, but the effective date remains August 13, 2014.,An earlier effective date for tinnitus is denied as no evidence prior to August 13, 2014 indicates an intent to pursue this claim.

The Board has determined that the Veteran's lumbar spine disability, characterized as degenerative disc disease and degenerative joint disease, is proximately due to his service-connected right knee disability. Therefore, the claim for secondary service connection is granted.

The Board has dismissed the Veteran's appeals for higher evaluations on several of his service-connected conditions, including degenerative disc disease with spondylosis, lumbosacral spine; left knee tendonitis; right knee tendonitis; left ankle strain; and right ankle strain. The appeal regarding unspecified depressive disorder was granted.

The Board dismissed all appeals regarding the Veteran's claims for increased ratings and service connection, as he withdrew his appeals in May 2016. The Veteran was granted a TDIU from July 26, 2012.