Back / lumbar spine decisions — 2018

The Board has granted service connection for degenerative joint disease and degenerative disc disease of the low back, finding a continuity of symptoms from service to the present.

The Veteran's service-connected disabilities do not meet the threshold requirement for a schedular TDIU. However, due to his non-service-connected stroke and Alzheimer’s/dementia diagnoses, he is unable to secure or follow substantially gainful occupation. The Board finds that remand for referral to the Director of Compensation and Pension Service for extraschedular consideration is warranted.

The Veteran's service-connected degenerative disc disease of the lumbar spine was reduced from a 40 percent rating to a 20 percent rating. The Court reversed this decision and restored the original 40 percent rating effective June 1, 2013.

The Veteran's claim for increased ratings for a back disability and PTSD has been denied. The rating for the back disability is currently at 10 percent, which does not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran's appeal for service connection for tuberculosis was dismissed as the Veteran withdrew his appeal.,Service connection for a low back condition, including degenerative disc disease of the lumbar spine, is denied. The evidence does not support finding that the Veteran’s current low back disability was caused or aggravated by his active military service.

The Veteran's back disability has worsened since his last VA examination, and he needs a new examination to determine the current severity of his condition.

The Board granted service connection for sleep apnea, but denied an increased rating for lumbar myositis. The Veteran's claim of service connection for sleep apnea was reopened due to new and material evidence, and the Board found that his sleep apnea is related to service.

The Veteran's bilateral hearing loss and tinnitus have been granted service connection. The claim for a back disability has been reopened, but further development is needed to determine its etiology. Other secondary service connection claims are also remanded.

The Board has decided that the Veteran's service-connected lumbar spine disability, right hip disability, right knee disability, and bilateral hearing loss require further examination to determine their current severity.

The Veteran's claims for increased ratings for cervical and lumbar spine disabilities have been denied as the evidence does not support a higher rating based on the criteria provided in the VA Rating Schedule.

The Board has denied the Veteran's claims for service connection for residuals of a cut on the stomach, residuals of a skull fracture (kicked in the head), and residuals of a fracture of the face and jaw. The remaining issues have been remanded due to insufficient evidence.

The Board has remanded the claims for an acquired psychiatric disorder, lumbar spine disability, and skin disability due to potential issues with medical opinions and missing records. The Veteran's service connection claim is based on presumed exposure to herbicide agents in Vietnam.

The Board has decided to remand the Veteran's claims due to insufficient information in the medical examination provided. The examiner needs to clarify whether symptoms of knee and back disabilities exacerbate with use over time or during flare-ups, resulting in additional loss of range of motion.

The claim of entitlement to service connection for a back disability has been reopened. The Veteran's current musculoskeletal spine condition may be related to his in-service low back pain, but the evidence does not establish that it began during or within one year after service.,The Veteran's right foot scar is currently assigned a 10 percent evaluation and no higher as there is no indication of instability or pain. The Veteran’s current employment status due to his psychiatric disability is also under consideration.

The Board has remanded the case due to inadequate medical opinions regarding the service connection for a low back disability. The examiner is requested to provide an addendum opinion on whether each diagnosed back disability is a congenital/developmental defect or disease, and if so, whether there was a superimposed injury or disease in service that resulted in additional back disability.

The Board has remanded the Veteran's claims for increased evaluations of his service-connected right shoulder rotator cuff tendonitis and lumbar strain conditions due to a lack of recent VA examination results.

The Board has remanded the case due to deficiencies in the analysis regarding functional loss during flare-ups and the need for a retrospective medical opinion. Additionally, a new VA peripheral nerve examination is required to determine the extent of left lower extremity radiculopathy.

The Board has granted service connection for a back condition, but denied service connection for cervical, right knee, left shoulder, and right hip conditions. The decision also remanded the claims for an acquired psychiatric disorder, left knee degenerative arthritis, and bilateral hearing loss.

The Board has determined that the Veteran's lower back disability is service connected as it can be linked to his in-service injury during active duty.

The Veteran's claim for service connection for bilateral pes planus with plantar warts was denied due to lack of new and material evidence. Service connection was granted for degenerative disc disease and degenerative joint disease of the lumbar spine, but the issue of TDIU (Total Disability Rating Based on Individual Unemployability) is remanded.