Back / lumbar spine decisions — 2018

The Board has remanded the case for a new VA medical opinion regarding additional functional loss with repeated use over time from June 13, 2009, to August 28, 2016. The decision also deferred consideration of whether to refer for an extraschedular rating until after the increased rating issue is adjudicated.

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

The Board has remanded the case due to additional VA treatment and compensation records being added to the claims file, which must be considered in the readjudication of the claim for an increased rating for degenerative changes of the lumbosacral spine.

The Board has granted service connection for degenerative disc disease of the lumbar spine as secondary to the Veteran's service-connected right knee surgery, finding that the disability is proximately due to his right knee condition.

The Veteran's back condition is granted as service connected.,Hypertension, claimed as high blood pressure, is denied as not related to service.

The Board has remanded the Veteran's claims for additional development to ensure that her lumbar spine, right hip, and right knee disabilities are evaluated in accordance with VA examination standards. The issues of rating her degenerative disc disease and intervertebral disc disease of the lumbar spine, limitation of flexion of the right hip, and patella chondromalacia of the right knee remain pending.

The Veteran's appeal for a higher disability rating for obstructive sleep apnea (OSA) is granted effective April 20, 2014. The Veteran's lumbar strain and myofascial syndrome claim is dismissed as the Veteran did not file a timely appeal.

Service connection for tail bone disorder and obstructive sleep apnea have been denied.,A higher initial rating in excess of 10 percent for lumbar spondylosis is denied. Separate ratings of 10 percent each are granted for left and right lower extremity lumbar radiculopathy since July 18, 2016.

The Veteran's request for a rating in excess of 10 percent for his right ankle sprain and dislocation status post surgery with scar was denied. The Board also found that the evidence did not support service connection for lumbosacral strain (low back pain) or sinus condition, as the VA examinations were inadequate.

The Board has reopened the Veteran's claims for service connection for lumbar spine disability, resection of a pulmonary sarcoma with loss of right lung function, cervical spine disability, cardiovascular disability, and anemia.,New evidence submitted since the final denial of these claims suggests that each condition is related to service.

The Board has denied service connection for CLL and diabetes mellitus due to lack of evidence showing a relationship between the conditions and service. The Veteran's claims for back and neck disorders, as well as PTSD, are also remanded for further development.

The Veteran's claims for fibromyalgia, IBS, and a left knee condition are granted. The lower back, bilateral shoulder, and neck conditions remain pending as the evidence is not sufficient to establish service connection.

The Veteran's lumbar spine disability is rated at 20 percent, and his right shin scar with acute osteomyelitis is rated at 10 percent. The case for service connection of bilateral lower extremity peripheral neuropathy and TDIU is remanded.

The Veteran's claims for increased ratings and TDIU have been remanded due to the addition of new evidence, which requires a SSOC. The issues are inextricably intertwined with the TDIU claim.

The Board has remanded cases for further examination and opinion regarding the Veteran's lumbar spine, cervical spine, and related neurological disabilities. The issues of service connection remain pending.

The Veteran's claims for service connection have been reopened due to the introduction of new and material evidence. However, the claims remain pending as they are being remanded for further examination and evaluation.

The Board has remanded the claims for service connection, rating higher, and TDIU due to incomplete records and need for further examinations.

The Veteran's service-connected lumbar spine disability does not meet the criteria for a permanent and total disability rating, which is required for Dependent’s Educational Assistance (DEA) benefits.

The Veteran's low back disability is rated at 40 percent, but does not meet the criteria for a higher rating as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Board has remanded the Veteran's claims for additional development due to new evidence being added to his case file.