Back / lumbar spine decisions — 2018

The Board has remanded the case due to insufficient evaluation of neurological manifestations associated with the Veteran's service-connected degenerative arthritis of the lumbar spine. The case is now pending for further examination and evaluation.

The Board has granted the Veteran's claim to reopen her service connection for hypertension as secondary to her service-connected degenerative joint disease of the lumbar spine and acquired psychiatric disorder. The evidence presented is in equipoise, with a positive nexus opinion from Dr. P., who opined that the Veteran’s hypertension was more likely than not caused by her service-connected disabilities.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and his TDIU claim is denied.

The Veteran's appeal is remanded for additional examinations and the acquisition of SSA records to determine the severity of his service-connected back condition, which may affect his TDIU claim.

The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 were denied as there is no evidence of a nexus between his claimed conditions and his active duty service.

The Veteran's service-connected disabilities do not prevent him from securing and following some form of substantially gainful employment, as he is currently employed in information technology.

The Veteran's service-connected disabilities, including his anxiety disorder and degenerative arthritis of the lumbar spine, have rendered him unable to secure or follow a substantially gainful occupation. The Board granted a total rating for compensation purposes based on individual unemployability (TDIU).

The Veteran's appeal is REMANDED for additional development, including obtaining VA treatment records and scheduling appropriate examinations to address the nature and etiology of his claimed disabilities.,The Veteran has multiple issues on appeal that require further examination and review.

The Board has remanded the Veteran's claims for service connection and increased rating for various disabilities, including cervical radiculopathy of the right upper extremity, left shoulder arthritis, right shoulder arthritis, degenerative disc disease of the cervical spine with strain status post fusion, degenerative disc disease of the lumbar spine, degenerative joint disease of the right hip, degenerative joint disease of the left hip, left knee arthritis, leg length discrepancy, chronic right ankle sprain with avulsion fracture and Morton’s neuroma, scar, anterior neck, nonlinear surgical scar, right shoulder, surgical scars, right shoulder, tension headaches, right inguinal neuropathy, status post inguinal hernia repair, attention-deficit and hyperactivity disorder (ADHD) with mood disorder, and bruxism with temporomandibular joint dysfunction. Additional examinations are needed to determine the current severity of these disabilities.

The Board has remanded the Veteran's claims of service connection for various disabilities, including shoulder, elbow, hand, back, foot, groin, and upper/lower extremity radiculopathy, as well as depression. The appeals are being returned to VA for further development.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is dismissed as moot because her service-connected PTSD with unspecified depressive disorder has been rated at 100% since April 15, 2013. As she now receives the maximum special monthly compensation available for her disabilities, and her remaining service-connected disabilities do not meet the criteria for TDIU, her claim is dismissed.

The Veteran's PTSD is rated at 70% since August 18, 2018. Service connection for a low back disorder and hypertension has been reopened but denied.

The Board has reopened the claims for service connection for low back disability, bilateral hip disability, right knee disability, and neurological disability of the right leg due to new evidence received since the last denial. The effective date is not specified.

The Veteran's service connection claims for a sleep disorder, bilateral hearing loss, low back disorder, left knee disability, and right knee disability have been denied. The Board found that the Veteran did not have any of these conditions at the time of his claim or since.

The Veteran's request to reopen claims for service connection for a left knee condition, low back condition, left hip disability, and right hip disability has been granted.,Service connection is established for the Veteran’s left knee condition (to include residuals of a total left knee arthroplasty) as secondary to his service-connected right knee condition. Service connection is also established for his low back condition as secondary to his service-connected right knee condition.

The Veteran's claims for service connection for various conditions, including depression (claimed as PTSD), left knee patellar femoral syndrome, and left ankle tenosynovitis, were denied earlier effective dates.,Claims for service connection for lumbar strain and tinnitus were also denied.

The Veteran's claims for service connection for various conditions, including left-hand disorder, right-hand disorder, left eye disorder, sleep apnea, bilateral knee disorder, bilateral shin splints, and low back disorder have all been denied. The Board found no current diagnoses or evidence of these conditions in the record.

The Veteran's claims for service connection have been reopened, but the underlying claims are being remanded due to additional evidence and functional impairment issues.

The Veteran's low back disability is now rated at 20 percent from June 7, 2016. His right and left knee disabilities remain at 10 percent each.

The Board has remanded the Veteran's claims for service connection due to incomplete development and lack of evidence. The Veteran is asked to provide additional information about his theories of entitlement.