Back / lumbar spine decisions — 2018

The Board has remanded the Veteran's claims for increased ratings for degenerative arthritis of the lumbosacral spine and radiculopathy of the left leg due to incomplete documentation and need for further examination.

The Veteran's lumbosacral strain and associated radiculopathies have been granted increased ratings, effective from July 18, 2013. Special monthly compensation at the housebound rate has also been awarded.

The Board has remanded the claims of service connection for left knee disability, right ankle disability, sarcoidosis, and a higher rating for lumbar strain due to additional medical development and opinion.

The Veteran's claim for a higher rating for his low back disability and associated left lower extremity nerve paralysis was denied. He received an initial 10 percent rating for the low back disability prior to September 24, 2012, and a 20 percent rating since then.

The Board denied the reopening of a claim for service connection for a lumbar spine disability because no new and material evidence was submitted, despite the Veteran's history of back pain.

The Veteran's claims for higher disability ratings for his service-connected lumbar spine strain and right lower extremity radiculopathy are remanded due to inadequate VA examinations and the need for additional development.

The Board has remanded the Veteran's claims for service connection and increased rating of his low back strain due to conflicting medical opinions and lack of recent VA treatment records. The Veteran is required to provide updated medical evidence, including from October 2013 onwards.

The Board dismissed the Veteran's appeals for service connection on all issues except lumbar strain, which was granted. The remaining conditions were withdrawn by the Veteran.

The Board has remanded three issues related to the Veteran's service-connected disabilities: degenerative disc disease of the lumbar spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity. The reasons for this are that the most recent VA examination report is inadequate in several aspects.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for an acquired psychiatric disorder and a low back disorder. The case is REMANDED for further action.

The Veteran's claims for increased ratings have been granted, with the exception of his claim for a compensable rating for left elbow olecranon bursitis. The remaining conditions are rated based on their current manifestations.

The Veteran's hypertension and diabetes are not rated higher than the current levels. The Board has remanded for further examination to determine if a back disorder is related to service, as well as an initial rating in excess of 10 percent for his left knee disability.

The Veteran's service-connected disabilities were so severe as to prevent him from engaging in substantially gainful employment since October 27, 2009. The Board has determined that the evidence of record demonstrates this and affords the benefit of doubt to grant a TDIU effective October 27, 2009.

The Veteran's lumbar and cervical spine disabilities are granted service connection. The respiratory disability is denied, and the left wrist and gastrointestinal disabilities are remanded for further evaluation.

A rating of 20 percent for degenerative joint disease of the lumbar spine is granted as of August 4, 2016. A higher rating is denied.

The Board has decided to remand the cases due to the need for additional records from a Federal agency, specifically the Social Security Administration (SSA). The SSA may have relevant medical records that could help determine if the Veteran's memory and cognitive problems are related to his in-service injuries or jet fuel exposure.

The Board has remanded the Veteran's claims for additional development, including obtaining updated VA treatment records and conducting new VA examinations. The RO must reschedule missed VA examinations and ensure all notifications are sent to the correct address.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for low back, left knee, bilateral hearing loss, and tinnitus. The claims are being remanded due to insufficient medical opinions regarding the etiology of these conditions.

The Board has decided that further development is needed before the Veteran's claim for a TDIU rating can be decided. This includes obtaining medical records and conducting examinations to assess the severity of his service-connected lumbar spine and left hip disabilities, as well as their impact on his ability to work.

The Veteran's right shoulder bursitis is currently rated at 20 percent, and the Board has remanded for further examination to determine if a higher rating is warranted. The lumbar paravertebral myositis remains rated at 10 percent, with the issue of entitlement to a higher rating also being remanded. The Veteran's migraine headaches are rated at 30 percent, and another VA examination is needed to assess their severity.