Back / lumbar spine decisions — 2018

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

The Veteran's right hip osteomalacia and lumbar spine disability were rated based on their respective limitations of motion. The Veteran was granted a higher rating for her lumbar spine disability from June 28, 2013.,However, the Veteran is still seeking an increased rating for her right hip osteomalacia prior to August 25, 2015 and for her lumbar spine disability since August 25, 2015.

The Veteran's lower back condition was previously rated at 10 percent, but the VA examiner found that there were no incapacitating episodes of intervertebral disc syndrome (IVDS) symptomatology in the preceding 12 months. The Veteran claims his symptoms have worsened since the last examination and he believes the previous evaluation was misleading. A new VA examination is needed to assess the current severity of his lower back condition, including range of motion testing and an assessment of incapacitating episodes.

The Veteran's claims of service connection for various conditions, including back disability, lung disability, CFS, sleep apnea, hypertension, IBS, and migraine headaches, were denied. The Board found that the evidence did not establish a link between these conditions and active service.

The Board has remanded the Veteran's claims for service connection for lumbosacral strain and depressive disorder, as well as her increased rating claim for left knee patellofemoral pain syndrome. These issues will be addressed in a future examination.

The Board denied the Veteran's claims for service connection for a dental disability, back disorder, and increased ratings for PTSD, left lower extremity neuropathy, and right lower extremity neuropathy. The effective dates for benefits were also determined to be incorrect or not applicable.

The Veteran's claim for service connection for a lumbar spine disability, secondary to the service-connected left knee disability, was denied. The claim for service connection for major depression, also secondary to the service-connected left knee disability, has been reopened but requires further development.,The claims of service connection for cervical spine disability and bilateral upper extremity carpal tunnel syndrome (CTS), both secondary to the service-connected left knee disability, are pending further development.

The Veteran's claim of service connection for a back disability has been reopened and granted. However, the Board denied an increased rating for pyelonephritis.

The Board denied service connection for low back disability, right knee disability, left knee disability, bilateral foot disability, and allergic rhinitis as these conditions are not related to service.

The Board has determined that the Veteran's claimed disabilities, including residuals of a left elbow fracture, back disability, residuals of a left femur fracture, residuals of a left knee fracture, residuals of a fractured left tibia and fibula, left leg condition, residuals of a fractured pelvis, and scars, are all etiologically caused by an accident on the way to weekend training for his duties as part of the South Carolina Army National Guard in December 1970. As such, service connection is granted for these conditions.

The Board has granted the reopening of claims for service connection for right shoulder disability, back disability, and tinnitus. The claims for right shoulder disability and back disability are remanded due to additional evidence needed. The claim for bilateral hearing loss is also remanded.

The appeal for service connection of a low back condition is dismissed. Service connection and grants for skin cancer and scars secondary to skin cancer are granted.

The Board has decided to remand the claims for a back disability, flatfeet including arthritis, ulcerative esophagitis, and a nervous stomach disorder manifested by diarrhea. The decision is based on missing records from the Veteran's electronic claims folder and incomplete private treatment records.

The Veteran's claims for service connection for right breast cancer, Graves' disease, and lumbar degenerative disease have been denied as there is no evidence of a link between these conditions and her military service.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or housebound status is remanded due to incomplete records and the need for a new VA examination.

The Board has remanded the Veteran's claims of service connection for sleep apnea, a back disability, and a respiratory disability due to insufficient evidence regarding their onset or relationship to service.

The Veteran's lumbar spine disability is rated at 40 percent, effective May 6, 2011. The rating for left lower extremity radiculopathy associated with the lumbar spine condition is granted at a 10 percent rating.

The Board has remanded the claims for a right arm/shoulder disability, back disability, sleep apnea, and an acquired psychiatric disability (to include depression and PTSD) due to potential new evidence or clarification of service connection.

The Veteran's cervical spine disability is granted as secondary to his service-connected thoracolumbar spine disability.,A rating in excess of 10 percent for the right ankle disability is denied.

The Veteran's claim for service connection for a cervical spine condition was reopened and granted. The appeal for service connection of the right shoulder condition is remanded.