Back / lumbar spine decisions — 2018

The claim has been reopened, but service connection for a back disorder is remanded due to the need for additional evidence and examination. The Veteran's left knee disability remains in dispute with new examinations needed.

The Board has remanded the Veteran's claims due to incomplete records from the Social Security Administration (SSA). The SSA could provide supportive evidence for some of the Veteran's claims.

The Veteran's radiculopathy of the bilateral lower extremities, low back disability, and major depressive disorder have been granted service connection. The initial rating for his low back disability has been increased to 40 percent effective April 24, 2018, and he is now rated at 70 percent for his major depressive disorder. He also received a TDIU based on both disabilities.

The Veteran's service-connected disabilities alone are of sufficient severity to produce unemployability from September 23, 2002, to April 19, 2005.

The Board has determined that the Veteran does not have a valid claim for service connection for any of the conditions listed, as there is no evidence showing they were incurred or aggravated during his military service.

The Veteran's appeals for increased disability ratings for his knee disabilities and reopening of a previously denied thoracolumbar spine disorder claim have been dismissed. The TDIU claim has also been remanded.

Service connection is denied for a right ear hearing loss disability, hyperlipidemia, asthma, hypertension, major depressive disorder, left hamstring tendonitis, and mechanical low back strain.,The Veteran's claims are remanded to obtain additional VA examinations and treatment records.

The Board has reopened the claim for service connection of a lower back disorder and granted it, finding that there is a link between the Veteran's current condition and his in-service injury.

The Board denied the Veteran's claim for service connection for headaches, finding that there is no evidence linking his current headaches to his active duty service or to his service-connected thoracolumbar strain with spasms.

The Board has remanded the claims for service connection due to lack of evidence supporting the Veteran's account of exposure to hazardous fumes in a tank aboard ship, which allegedly caused his current disabilities.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there is no evidence linking his current condition to his military service.

The Veteran's representative withdrew all the issues from the notice of disagreement, including entitlement to service connection for a parathyroid tumor, a low back condition, and increased ratings for left knee patellofemoral syndrome with degenerative joint disease and right knee patellofemoral syndrome with degenerative joint disease. As a result, the appeals are dismissed.

The Board has remanded the Veteran's claims of service connection for bilateral knee disability, erectile dysfunction, and bilateral lower extremity peripheral neuropathy as secondary to his service-connected degenerative disc disease of the lumbar spine with myositis. The VA examiners are requested to provide opinions on whether these conditions are aggravated by the service-connected condition.,The Veteran's claims will be remanded for further examination and opinion regarding the relationship between his service-connected condition and the claimed secondary disabilities.

The Board has remanded the issue of entitlement to a disability rating for lumbar spine degenerative disc disease in excess of 20 percent prior to December 7, 2011 and in excess of 40 percent from December 7, 2011 due to insufficient information regarding incapacitating episodes.

The Veteran's service-connected disabilities are not of such a nature and severity as to prevent him from securing or following substantially gainful employment.

The Board has decided to remand the cases of asthma and a back condition for further medical guidance due to insufficient opinions in the VA examinations.

The Board has granted service connection for low back, left ankle, bilateral lower extremity (claimed as secondary to low back disability), and left testalgia disabilities. The gastrointestinal disability claim is remanded.

The Board denied service connection for a low back disorder with radiculopathy and erectile dysfunction, finding that the Veteran did not have a chronic condition within one year of separation from service or continuity of symptomatology since separation. The Board also found no in-service incurrence linked by medical nexus to current diagnoses.

The Board has remanded the Veteran's claim for an increased rating for her lumbar spine strain due to inadequate examination and failure to address functional loss during flare-ups or in bending and sexual activity. A new VA examination is required.

The Board has remanded the case to refer the Veteran's claims for an extraschedular evaluation to the Director of Compensation Service due to evidence suggesting that his disabilities combined to cause chronic pain, sleep disturbances, falling, and absences from work.