Back / lumbar spine decisions — 2018

The Veteran's appeals for increased ratings and TDIU were denied. The left thumb disability was rated at 10%, the cervical spine disability at 20% from October 27, 2010 to July 26, 2015, and at 30% since July 27, 2015; the lumbar spine disability at 40%; the bilateral knee disability at 10%; and TDIU was denied from October 27, 2010 to June 30, 2011. The effective date for the 30% rating for cervical spine disability remains July 27, 2015.

The Veteran's appeals for service connection were dismissed as he withdrew his appeal prior to a decision being made. The Board granted service connection for PTSD.

The Board has remanded several issues related to the Veteran's service connection claims, including hip disorders, bronchitis, pulmonary vascular disease, traumatic arthritis, and TBI. The decision also includes a request for clarification on the appellant's eligibility as a surviving spouse due to potential marriage disputes.

The Board has ordered the VA to obtain and review additional service records, including those from the Veteran's Army Reserve and National Guard service. They are also asked to determine if any of these periods were active duty, ACDUTRA, or INACDUTRA. The VA is instructed to provide an addendum opinion on whether the Veteran’s psychiatric disorder clearly and unmistakably pre-existed his military service.

The Veteran's claims for service connection for cervical spine disability, right hand condition (claimed as loss of grip and feeling), left hand condition (claimed as loss of grip and feeling), and vertigo are remanded due to the need for additional development.

The Board has remanded the case due to new evidence received after the last adjudication, and requests a VA examination to determine if any current back disability is related to service.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's current low back disability and his service. The Veteran will need to provide medical records, and a VA examination will be scheduled to determine if there is a link between his service and his condition.

The Veteran's claim for a higher rating for his lumbar spine disability is denied as the current 40% rating adequately reflects the severity of his condition, which includes pain and limited motion but no ankylosis or incapacitating episodes.

The Veteran's claims for increased ratings for lumbar spine injury with DJD and right ankle injury with neuritis of the right distal peroneal nerve were denied as his conditions did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine is being remanded for further evaluation due to unreliable previous examination results and lack of recent medical records.

The Veteran's thoracolumbar spine disability and tinnitus are granted as secondary to service-connected disabilities. The sleep disorder claim is remanded for further development.

The Board has remanded the claims for service connection for bilateral hearing loss, back disorder, and left knee disorder due to incomplete records. The Veteran's lay statements will be considered in determining if his conditions are related to service.

The Veteran's service-connected left knee and foot disabilities are found to have caused his current low back, right knee, and left foot degenerative joint diseases. As such, the claims for these conditions are granted.

The Veteran's low back disability is being remanded for further evaluation due to the need for additional medical records and a VA examination.

The Veteran's claim for a higher rating for his service-connected thoracolumbar strain with spondylosis is denied. The issues of initial ratings higher than 20 percent and 10 percent for the right lower extremity radiculopathy and left lower extremity radiculopathy are remanded.

The Board has remanded the cases due to inadequate examination reports and requests for further evaluations.

The Veteran's service-connected right great toe disability is currently rated at 10 percent, and the Board denied an increased rating. The appeal for TDIU was also denied as his combined disability rating does not meet the criteria for a total disability rating based on individual unemployability.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of a nexus between his in-service injury and his current condition.

The Veteran's claims for increased ratings for his thoracolumbar spine disorder and TDIU are being remanded due to the need for additional development, including obtaining an addendum opinion from a VA examiner regarding flare-ups.

The Veteran's claim for a higher rating for his degenerative joint and disc disease, lumbar spine disability is remanded due to the need for additional examination and records review.