Back / lumbar spine decisions — 2018

Service connection for pseudofolliculitis barbae is granted.,An initial rating of 10 percent for chronic low back strain and an initial rating of 10 percent for left ankle disability (status post left ankle fracture) are both granted, effective April 14, 2011.

The Veteran's claim for PTSD was reopened and granted. His lumbar spine disability is rated at 20 percent, effective from December 7, 2015. Separate ratings of 10 percent are assigned for right lower extremity radiculopathy from December 7, 2015 to April 28, 2017, and 20 percent thereafter. A separate rating of 20 percent is assigned for left lower extremity radiculopathy as of April 28, 2017.

The Veteran's claims for service connection have been REMANDED due to the need for additional development and examination. The issues of entitlement to service connection for peripheral neuropathy, low back disorder, right shoulder disorder, and left shoulder disorder are pending.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of these claims as they are no longer relevant.

The Board denied service connection for lower back condition, left arm condition, and right arm condition. The Veteran's current conditions are not found to be related to his military service.

The Veteran's service-connected rheumatoid arthritis did not contribute to his death from congestive heart failure and diabetes.

The Board has determined that the Veteran's current low back, right hip, right thigh, right knee, and right leg disabilities are not related to his active service. The evidence does not support a finding of in-service injury or disease resulting in these conditions.

The Veteran's service-connected disabilities, including chronic subluxation of the left ankle and arthritis of the left knee and low back, did not render him unemployable prior to October 19, 2005.

The Veteran's claim for a higher disability rating for his lumbar spine DJD is remanded due to insufficient information regarding the severity of his functional limitations and additional limitation of motion due to flare-ups and repeated use over time.

The Veteran's low back pain and left knee strain have been granted increased ratings, with the effective date for these changes being September 10, 2015. The TDIU was also granted on this date.

The claims of service connection for type II diabetes mellitus, a nervous condition, lumbar spine disability, hypertension, and right knee patellofemoral syndrome have been dismissed.

This case is remanded due to the Veteran's claims of service connection for various conditions, including prostate cancer and type 2 diabetes mellitus. The Board found that there was insufficient evidence to support these claims.

The Board has decided to remand the case due to inadequate examination in determining whether the Veteran's chronic lumbar spine pain with radiculopathy is related to service. The examiner should consider the August 1994 and December 1996 service treatment records and the Veteran's lay statements regarding in-service back injuries and continuous symptoms since service.

The Board has remanded six issues for further development and opinion, including right shoulder disability, low back disability, bilateral knee disability, head injury residuals, depression, and cervical spine disability.

The Veteran's service-connected disabilities are of such severity as to preclude him from securing or following a substantially gainful occupation prior to October 12, 2010. The Board granted TDIU on an extraschedular basis for this period.

The Veteran's claim for residuals of a rib cage fracture has been denied as there is no current diagnosis or other competent finding of a current disorder.,The Veteran's hiatal hernia has been granted an increased rating to 30 percent, but the case is remanded due to insufficient evidence regarding its etiology and severity.,The Veteran's left knee disorder, right knee disorder, cervical spine degenerative disc disease (neck), and degenerative arthritis of the spine (back) have all been remanded for further examination and opinion.,The Veteran's residuals of a right foot fracture has also been remanded for further examination and opinion.,The Veteran's migraines have been remanded for an updated VA examination to assess their current severity.

The Veteran's claims for service connection have been granted, with the exception of a psychiatric disability. The cervical and lumbar spine disabilities are now considered to be related to military service, while hearing loss is presumed due to exposure during active duty.

The Veteran's lumbar spine disability is currently rated at 40 percent since June 1, 2009. The Board finds that the evidence does not support a higher rating due to lack of ankylosis or incapacitating episodes.

The Board dismissed the claim of service connection for a compound fracture of the right leg as the Veteran withdrew his appeal prior to the promulgation of a decision. The other claims are remanded due to new evidence received since the February 2014 Statement of the Case.

The Veteran's lumbosacral strain with DDD and IVDS is rated at 10% prior to July 26, 2017, and 40% following that date. The Veteran's migraines are rated at the maximum of 50%. Both ratings are denied.