Back / lumbar spine decisions — 2018

The Board has remanded the case due to a lack of VA examination records and the need for further development, including obtaining updated medical records and scheduling an appropriate VA examination.

The Veteran's service-connected disabilities, including cervical spine condition, lumbosacral strain, cervical spondylosis with herniated discs, left arm radiculopathy, bursitis of the left knee, and headaches, prevented him from securing or following substantially gainful employment prior to May 30, 2006.

The Board has granted service connection for the Veteran's low back disability, finding that his current diagnosis of osteoarthritis is related to in-service back pain and that there is continuity of symptoms since service.

The Board has remanded the case for several issues, including a rating for right ulna fracture residuals and service connection for various hand, shoulder, and back disorders. The TDIU claim is also inextricably intertwined with these other claims.

The Board has remanded the claims for service connection for a skin disorder and an acquired psychiatric disorder, as these issues are related to the Veteran's presumed exposure to herbicide agents during his service in Vietnam.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his dates of active duty training and inactive duty training, as well as the need for additional VA examinations.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.

The Board has reopened the Veteran's claim for service connection for a low back condition due to new and material evidence. The case is remanded for further development, including obtaining updated treatment records and scheduling VA examinations to assess whether the Veteran’s low back condition is proximately due to or aggravated by his service-connected disabilities of his lower extremities.

The Veteran's lumbar strain is rated at 20 percent, effective July 10, 2017. The Veteran's radiculopathy of the right lower extremity is rated at 10 percent from August 26, 2005.

The Veteran's lumbar degenerative joint disease is rated at 40 percent, but no higher, throughout the appeal period.

The Board has denied the Veteran's claim of service connection for a middle and lower back disorder, finding that new evidence does not raise a reasonable possibility of substantiating his claim. The Board also found that the Veteran is not credible regarding his in-service injury and that his current condition resulted from willful misconduct.

The Veteran's appeal is remanded for further development regarding the rating of his lumbosacral strain and total knee replacement.

The Veteran's appeal for a compensable rating for left hernia repair is dismissed. The Board has granted TDIU based on the Veteran's service-connected disabilities preventing him from securing and maintaining substantially gainful employment. The appeals for increased ratings for lumbosacral spine, right knee, and left knee conditions are remanded.

The Veteran's appeal for increased ratings and service connection claims are being remanded due to the need for additional medical examinations.

The Board has granted service connection for low back disability, bilateral hearing loss, and tinnitus. Service connection is remanded for shrapnel wound residuals, skin disability (including as due to herbicide exposure in service), and peripheral artery disease (including as due to herbicide exposure in service).

The Veteran's bilateral trapezius strain and cervical spine disability are granted. The Veteran is also granted a 20% rating for his neck disability, but the effective date of this decision has not been determined.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The back condition, bilateral foot condition, and acquired psychiatric disorder (including depression and PTSD) are all under review.

The Veteran's appeal has been dismissed as the appellant withdrew their appeal for all conditions.

The Board has dismissed all appeals for service connection, except for the claim of an acquired psychiatric disorder (including PTSD and major depressive disorder). The Veteran's current psychiatric conditions are associated with his active duty service in Korea.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, and his claim is denied.