Back / lumbar spine decisions — 2018

The Board denied service connection for neurological disabilities of the right and left upper extremities, as well as initial disability ratings in excess of 10 percent for radiculopathy of the right and left lower extremities. The Veteran's claims were based on direct service connection.,For residuals of head trauma, manifested as headaches, the Board denied an initial rating in excess of 30 percent.

The Veteran's appeal for service connection for sleep apnea was dismissed because he withdrew his claim. The Board granted special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities.

The Board has denied service connection for left hip tendon strain, right hip tendon strain, and low back disability manifested by pain. The remaining issues have been remanded due to incomplete records and the need for further medical examination.

The Board previously denied the Veteran's claims for service connection and TDIU. The Court found that the Board did not have the Veteran’s entrance and separation examinations, which were necessary to determine if her lumbar spine disability was incurred in or aggravated by service. The Court also noted that the Veteran submitted additional evidence after the previous decision, so it instructed the AOJ to review this new evidence before the Board makes a determination.

The Board denied the Veteran's claims for service connection for bilateral hearing loss disability, psychiatric disability, and back disability. The Veteran was also denied an initial rating in excess of 20 percent for his back disability and a higher rating for left lower extremity radiculopathy.

The Board has determined that new material evidence has been received to reopen the claims for service connection of back, left knee, and right hip disabilities. The underlying claims are now remanded for further development.

The Veteran's claim for an increased rating for lumbar strain was denied as his disability does not meet the criteria for a higher rating.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including increased evaluations for his lumbar spine disability and seborrheic dermatitis of the bilateral ears. The issues include entitlement to TDIU which is inextricably intertwined with these claims.

The Board denied service connection for chronic low back pain, neck disability as secondary to chronic low back pain, and cervical DDD displacement due to lack of evidence linking these conditions to service or a service-connected condition.

The Veteran's claims for service connection for a left hand disability, back disability, and depression have been denied. The claim for service connection for headaches has been granted. Service connection for the Veteran's erectile dysfunction associated with right orchiectomy remains noncompensable.,The Board found that new and material evidence had been presented to reopen claims for service connection for a left hand disability, back disability, and depression. However, the rating for the Veteran's erectile dysfunction associated with right orchiectomy remains unchanged.

The Board has remanded the claims for service connection for back disability, neurological disability, sleep apnea, and cardiomegaly due to new evidence received. The Veteran's PTSD rating remains under review.

The Veteran's lumbar sprain with degenerative changes was rated at 10 percent prior to October 12, 2010 and at 20 percent thereafter. The Board found that the evidence did not meet the criteria for a higher rating in either period.

The Board has decided to remand the case due to the need for additional VA examinations to assess the Veteran's cervical spine degenerative disc disease with osteoarthritis and any associated headaches.

The Board has remanded the case due to new evidence being added to the record, and the claim for a TDIU is now before the AOJ.

The Board has remanded the claims for service connection, shortening of lower extremities, and foot disabilities due to additional development being required. The TDIU claim is inextricably intertwined with these issues.

The Board has remanded the cases for further development and examination due to the Veteran's incarceration during the scheduled VA examinations. The issues include service connection for various psychiatric, musculoskeletal, and sexual function disorders, as well as a lumbar spine disability.

The Board dismissed the appeal for service connection of Type II diabetes mellitus due to the Veteran's withdrawal. The remaining issues were remanded.

The Veteran's degenerative disc disease of the lumbar spine status post surgery is rated at 40 percent effective November 22, 2010. The Veteran also received ratings for his sinus headaches and residual lumbar scar.

The case is being remanded due to non-compliance with previous Board directives regarding the rating for a low back disability. The Veteran needs to undergo another VA examination to determine the current severity of his condition, including testing in both active and passive motion.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's current back disability is related to his active military service.