Back / lumbar spine decisions — 2018

The Board has granted service connection for herniated disc and right radiculopathy, as well as residuals of right shoulder surgery. The Veteran's GERD is rated at 30 percent.,The issues of entitlement to increased ratings for bilateral plantar fasciitis, left knee strain with patellar osteophyte formation, and a left ankle disability are remanded.

The Veteran's claims for service connection for DDD of the thoracolumbar spine and sleep apnea have been denied. The Board found no evidence of a back injury or disease during service, and the current diagnoses are not related to service.

The Board affirms the grant of a clothing allowance for a back brace used by the Veteran for his service-connected back disability, but denies the claims for topical cream and TENS unit.

The Board has determined that the Veteran's lumbar degenerative disc disease is related to an injury he sustained during his active duty service, and thus grants service connection for this condition.

The Board has remanded two issues: increased ratings for lumbosacral degenerative disc disease and associated radiculopathy, as well as a TDIU claim. The Veteran needs to provide updated private treatment records and undergo VA examinations.

The Board has remanded the case due to outstanding records and a need for updated examination following the appellant's upcoming back surgery.

The Veteran's service-connected disabilities do not meet the schedular requirements for TDIU, but his unemployability may be due to his service-connected conditions. The case is being remanded for further review and possible extraschedular consideration.

The Veteran's low back disability was rated at 20 percent prior to February 19, 2013 and a 40 percent rating was granted starting from February 19, 2015. The claim for increased rating of neuropathy, left leg and foot is dismissed.

The Board has remanded the Veteran's claims for low back disorder, Meniere's syndrome, tinnitus, sinus disorder, obstructive sleep apnea, and nail fungus on fingernails and toes due to failure to appear at VA examinations. A new VA examination is required in each case.

The Board has decided to remand the case due to insufficient opinions regarding the relationship between any current low back disability and service. The Veteran's claim will be reconsidered after a VA examination.

The Veteran's migraine headache disability is granted a 50% rating prior to May 4, 2016 and denied any higher. The remaining issues are remanded for further development.

The Veteran's service-connected disabilities (asbestosis, degenerative arthritis of the thoracolumbar spine, radiculopathy of the bilateral lower extremities, status post right inguinal hernia repair, anxiety reaction, and lumbar spine scar) have rendered him unable to secure or follow a substantially gainful occupation.

The Board has decided to remand the claims of service connection for low back disorder, neck disorder, right ankle disorder, and sinusitis due to outstanding records and the need for VA medical opinions.

The Board dismissed the Veteran's appeals for various issues, including ineffective dates and rating claims related to his service-connected conditions. No effective date was granted or denied.

The Board has remanded the Veteran's claims for additional development due to inadequate and incomplete findings in a January 2018 VA examination report. The issues include service connection for left hand, fifth finger condition, low back condition (claimed as low back pain), and chest pain.

The Veteran's initial claim for a higher rating for peripheral neuropathy of the right lower extremity was granted with an effective date of March 29, 2007. A TDIU was also granted from March 30, 2017. The case is remanded to consider a TDIU on an extraschedular basis prior to March 30, 2017.

The Veteran's thoracolumbar spine disorder was granted a compensable rating of 10% for the period prior to August 25, 2014. For the period since December 6, 2014, an initial rating higher than 20% was denied.

The Board has remanded the case for a new VA examination to address whether the Veteran's low back disorder is secondary to his service-connected right knee replacement and/or adjustment disorder with depressed mood, and whether it is related to his military service.

The Veteran's appeal for an increased rating for degenerative arthritis of the lumbar spine was dismissed. The claims for service connection for urinary incontinence and bowel incontinence, both secondary to degenerative arthritis of the lumbar spine, were denied.

The Veteran's claims for increased ratings for lumbar strain and right inguinal hernia were denied as the evidence did not show that his conditions warranted higher ratings under the applicable rating criteria.