Back / lumbar spine decisions — 2018

The Veteran's appeal to establish that he filed a timely NOD with the April 2010 rating decision regarding an increased rating for lumbar strain is denied. The April 9, 2010 rating decision denying the claim is final.

The Board has remanded the Veteran's claims for service connection and increased evaluations due to additional development being necessary.

The claims for PTSD, Depression and Stress, Left Knee Disability, and Low Back Disability have been granted. The claim for Diabetes Mellitus, Type 2 has been denied.

The Veteran's appeals for increased ratings and service connection have been dismissed due to withdrawal of the appeal by his representative.

The appeal as to the claims for higher ratings for service-connected lower back disability, left knee injury prior to August 14, 2013, and left total knee arthroplasty is dismissed. The claim of entitlement to a rating in excess of 10 percent for residuals of left knee injury from August 14, 2013 onwards is remanded.

The Veteran's claims for service connection for bradycardia, cervical strain, and low back condition are being remanded due to the need for additional medical opinions regarding their etiology.

The Board has granted service connection for a back disability and remanded the issues of service connection for sleep disorder, hypertension, and increased rating for bilateral foot disability prior to August 20, 2013. The Veteran's current 50 percent rating for her bilateral foot disability is maintained.

The Board has granted the Veteran's claim for service connection for a back disorder, finding that his current condition is at least as likely as not related to active duty service. The claim for diabetes was denied due to lack of new and material evidence.

The Board denied service connection for right elbow injury, gout of the left and right great toe metatarsal-phalangeal joints, migraine headaches, and thoracolumbar spine osteoarthritis as there was no evidence to support these conditions were incurred or aggravated by military service.

The Veteran's bilateral median neuropathy is granted as secondary to his service-connected lumbosacral strain and right leg radiculopathy. A disability rating of 40 percent for the lumbosacral strain with degenerative changes is granted from November 14, 2012. The initial disability rating in excess of 20 percent for the right leg radiculopathy remains at 20 percent.

Service connection has been granted for low back and bilateral knee disabilities. Effective dates have also been granted for PTSD service connection, but not for hypertension.,The Veteran's right hip disability, obstructive sleep apnea, gastrointestinal disability (secondary to PTSD), gastroesophageal reflux disease (GERD) (secondary to PTSD), initial rating for bilateral hearing loss, and staged ratings for PTSD are all pending further development.

The Board dismissed the claims of service connection for bipolar disorder and a back disorder due to the appellant's withdrawal of his claim for bipolar disorder. The appeal regarding the back disorder was denied as there is no evidence linking the current condition to active duty.

The Board has remanded several issues for further development, including service connection claims and increased rating claims. The Veteran's TDIU claim is also inextricably intertwined with the increased ratings still on appeal.

The Board has granted the Veteran's request to reopen his claim for service connection of a lower back condition, but has remanded the case due to outstanding SSA records.

The Board has granted service connection for the Veteran's low back disorder, but remanded his claims for left knee, right knee, left ankle, right ankle, and foot disorders due to inadequate examination reports.

The Veteran's cervical disc disease and degenerative arthritis of the lumbar spine are granted service connection, with a rating of 70 percent for generalized anxiety disorder.

The Veteran's kidney dysfunction is not service-connected, and his DDD of the lumbar spine with radiculopathy has been granted a 40% rating since September 23, 2002.

The Veteran's lumbar spine condition is currently rated as 20 percent disabling. The Board denied a higher rating, finding that the evidence did not show forward flexion to less than eighty degrees or any ankylosis. For sleep apnea and hypertension, no VA examination or opinion was provided, leading to remand.

The Board has dismissed the appeals for ratings for right and left knee conditions. The appeal pertaining to service connection of a back disorder and bilateral hip disorder is REMANDED.

The Veteran's appeals for left hip degenerative joint disease, gastritis, and hemorrhoids were dismissed. The claim for lumbar strain was reopened but not granted.