Back / lumbar spine decisions — 2018

The Veteran's claim for service connection for a low back condition and neck condition secondary to his residual nerve dysfunction status-post left inguinal hernia repair is granted. However, the claims are denied as there is no evidence of a direct relationship between these conditions and his military service.

The Board has denied service connection for a lumbar spine disorder and a rating in excess of 60 percent for coronary artery disease prior to November 11, 2013. The Veteran's peripheral neuropathy of the lower extremities is remanded due to insufficient evidence on its etiology.

The Veteran's low back disability is rated at 40 percent, the maximum schedular rating available for limitation of motion. The appeal period does not warrant a higher rating.

The Board has determined that a remand is necessary to ensure compliance with the May 2017 remand directive, including obtaining an addendum opinion from the examiner responsible for the June 2017 VA examination and considering whether an extraschedular TDIU evaluation is warranted.

The Veteran's claim for an increased rating for tinnitus has been granted, with a maximum of 10 percent. The claims for increased ratings for right-ear hearing loss and PTSD have not been addressed as they are already at the highest possible rating under VA regulations. The claim for service connection for left-ear hearing loss is reopened due to new evidence received since the last final denial in August 2007, but no specific rating has been assigned yet. The claims for cervical spine disorder and low back disorder have been granted with a maximum of 40 percent under Diagnostic Code 5025. The claim for erectile dysfunction remains pending.

The Veteran's service-connected diabetes is found to have caused his bilateral lower extremity neuropathy. The effective date for the grant of service connection for CAD is granted as April 2, 2014.

The Veteran is unable to secure and maintain substantially gainful employment due to his service-connected back and bilateral knee disabilities, which limit his ability to perform physical tasks.

The Board has granted service connection for low back and right knee conditions, as well as tinea pedis (bilateral).,Service connection was denied for sleep apnea.

The Board has remanded the case due to insufficient evidence regarding a lower back disability, and a new VA examination is needed.

The Board has decided to remand the case due to a need for clarification of the medical opinion regarding whether the veteran's low back disorder worsened during service.

The Veteran's service-connected disabilities preclude him from obtaining and retaining substantially gainful employment, leading to the grant of TDIU.

The Board has determined that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and therefore grants TDIU.

The Board has remanded the Veteran's claims for heart disability, hypertension, cervical spine/ neck disability, low back disability, peripheral neuropathy of the bilateral arms and hands, peripheral neuropathy of the bilateral legs, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, bilateral feet disability, bilateral hearing loss, tinnitus, sleep apnea, thyroid disability, cerebrovascular accident (CVA), and acquired psychiatric disorder to include posttraumatic stress disorder (PTSD), nervous disorder, anxiety, and depression.

The claims for service connection for scarring alopecia (claimed as hair loss) and PTSD have been rendered moot due to the complete grant of benefits. The remaining issues, including sleep apnea, vestibular disorder other than vertigo, TBI, fibromyalgia, back disorder, bilateral ankle disorder, eye disorder, respiratory disorder, hypertension, and skin disorder other than scarring alopecia, are remanded for further development.

The Veteran's claim for a higher rating for her osteoarthritis of the thoracic and lumbar spine with IVDS was denied in all periods due to lack of evidence showing ankylosis or incapacitating episodes.

The Veteran's lumbar spondylosis was initially rated at 20 percent prior to February 23, 2017, and then increased to 40 percent from that date. The Board denied a higher rating for the condition. For his TDIU claim, the Board also denied it as of February 23, 2017.

The Veteran's tinnitus claim is denied as he is already receiving the maximum schedular evaluation. The low back and left eye disability claims are remanded for further development.

The Board has remanded several issues for further development and opinion, including service connection claims for various conditions.

The Veteran's claims for increased ratings for his lumbar spine disability, left lower extremity radiculopathy, and facial scar were denied as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Board has remanded the case due to inadequate VA medical opinions regarding functional loss during flare-ups and range of motion testing. The Veteran is to be provided with a VA examination that addresses these issues.