Back / lumbar spine decisions — 2018

The Veteran's appeal for an increased evaluation of his service-connected lumbar spine disability was denied. The Board found that the reduction from a 40 percent to a 20 percent rating, effective April 9, 2007, was proper and supported by evidence showing improvement in the Veteran’s disability level.

The Board denied the Veteran's claims for service connection for Type II Diabetes Mellitus, Back Disorder, Right Hip Disorder, Right Knee Disorder, Left Foot Disorder, and Fungal Rash due to lack of new and material evidence. The issues were remanded for further development.

The Board has remanded three issues: service connection for sleep apnea, initial rating in excess of 40 percent for a low back disability, and initial rating in excess of 10 percent for left lower extremity radiculopathy. The TDIU issue is also remanded due to its interdependence with the other issues.

The Veteran's claim for service connection for a back disability is granted, but the disability is not considered to be related to his military service.

The Veteran's claim for service connection for a lumbar spine disorder, including IVDS, DDD, and lumbosacral strain with neuropathy of the right sciatic nerve, has been reopened. The Board found that new evidence submitted since the last final denial supports reopening the claim but does not establish service connection.

The Board has granted service connection for the Veteran's lumbar spine disability and cervical spine disability, finding that these conditions are proximately due to his service-connected right hip disability. Service connection was denied for a left ACL rupture.

The Board has remanded several issues for further development and examination, including service connection for a left hip disability, rating of lumbar spine degenerative disc disease, GERD, radiculopathy of the lower extremities, PTSD, and left knee strain.

The Board has granted service connection for a lower back disability, bilateral hip disability, and stomach disability (chronic diarrhea and irritable bowel syndrome) due to the Veteran's obesity caused by his service-connected disabilities. The rating for the stomach disability remains at 30%.

The Board has remanded the Veteran's claims of service connection for lumbar and cervical spine disorders due to insufficient evidence regarding their etiology. The Veteran is required to provide additional medical records, and a VA examination will be conducted to determine if his current spinal conditions are related to his military service.

The Board denied service connection for degenerative disc disease of the lumbosacral spine, finding that the Veteran's pre-existing low back disorder was not aggravated by military service.

The Board is remanding the case to obtain a new medical opinion regarding whether any current low back disability, including strain and degenerative disc disease, is related to service, particularly in-service low back strain.

The Board has withdrawn the appeals on tinnitus and TDIU. The case is remanded for a new VA examination to assess the severity of the Veteran's lumbar spine disability, including associated radiculopathy.

The Veteran's depressive disorder, NOS with anxiety, NOS is rated at 100 percent and he has other service-connected disabilities independently ratable at 60 percent or more. Therefore, the Veteran qualifies for special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s).

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's low back pain and his service, including a lack of diagnosis and functional impairment assessment.

The Board has determined that the Veteran's lumbar strain is at least as likely as not related to an in-service injury, and therefore grants service connection for this condition.

The Veteran's claims for low back disorder, recurrent fevers, respiratory disorder, and eczema have been reopened. However, the evidence does not meet the criteria for service connection in any of these cases.

The Veteran's appeal for service connection for a bilateral shoulder condition is dismissed as he withdrew the claim. The case remains on remand for other issues.,The Veteran’s scoliosis of the thoracolumbar spine disability does not warrant a higher rating due to its current level of impairment.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation since December 31, 2008. The Board granted TDIU effective November 9, 2015.

The Board has decided to remand the Veteran's claims for increased ratings due to outstanding treatment records and additional VA examinations.

The Board has remanded the cases for further development and examination as they are incomplete or require clarification.