Back / lumbar spine decisions — 2018

The Veteran's claims for compensation under 38 U.S.C. § 1151 and an earlier effective date for the increased evaluation of his lumbar spine disability are being remanded due to procedural issues.

The Board has remanded the Veteran's claims for service connection and evaluations of his disabilities due to insufficient evidence or need for further examination.

The Board has granted service connection for left elbow, right elbow, back, left knee, and right knee disabilities. Service connection is also remanded for a psychiatric disability (to include PTSD).

The Board has determined that the Veteran's low back disability is at least as likely as not related to his service, and thus grants service connection for this condition.

The Veteran's petition to reopen his service connection claim for a cervical spine disability is granted. The Board also remanded the claims of service connection for hypertension, lumbar spine disability, radiculopathy of the left and right lower extremities, and TDIU.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is granted effective from May 26, 2011. The TDIU was initially denied in March 2009 due to failure to report for VA examination and later reconsidered in April 2013 when the Veteran reported for a VA examination showing he could not work due to his service-connected cervical and lumbar spine disabilities.

The Board has remanded several issues related to the Veteran's service connection claims due to insufficient medical opinions regarding whether his obesity, caused by his service-connected right knee disability, is a substantial factor in causing other disabilities. The claims for service connection for left knee, lower back, left hip, heart disease, hypertension, and diabetes mellitus are all remanded.

The Board has determined that the reduction in rating for the Veteran's low back injury from 40 to 10 percent was improper and restored the original 40 percent rating. The issues of increased ratings for intervertebral disc syndrome, left and right lower extremities, as well as TDIU are remanded due to outstanding records.

The Veteran's claim for a 10 percent rating for lumbar strain is granted, effective July 10, 2006.

The Board has granted service connection for right shoulder posttraumatic arthritis, labrum tear, and degeneration. The Veteran's claim for a disability rating in excess of 20% for lumbar spine, status post L4-5 fusion residuals with intervertebral disc syndrome is withdrawn. The Board has also remanded the issue of entitlement to an initial compensable disability rating for traumatic brain injury.

The Veteran withdrew his claims for service connection for bilateral hearing loss, a foot condition, a back condition, loss of sense of taste, and loss of sense of smell.

The appeal of the denials of service connection for various conditions due to herbicide exposure is dismissed. Service connection for tinnitus is granted.

The Veteran's claim for an increased rating for his service-connected lumbosacral degenerative disease is remanded due to the need for a VA examination to assess its current severity.

The Veteran's loss of use of both feet is now rated at 100 percent effective prior to July 9, 2014.,An increased rating of 20 percent for the back condition associated with Parkinson's disease has been granted effective prior to July 9, 2014.,The Veteran’s constipation associated with Parkinson's Disease is now rated at 10 percent effective prior to July 9, 2014.,An increased rating of 20 percent for incontinence associated with Parkinson's disease has been granted effective prior to July 9, 2014.,The Veteran’s loss of use of automatic movements associated with Parkinson's Disease is now rated at 20 percent effective prior to July 9, 2014.,An increased rating of 10 percent for difficulty chewing/swallowing associated with Parkinson's disease has been granted effective prior to July 9, 2014.,The Veteran’s speech changes associated with Parkinson's Disease are now rated at 30 percent effective prior to July 9, 2014.

The Board has remanded the issues of entitlement to initial disability ratings for low back disability, migraine headaches, and TBI residuals, as well as service connection for hemorrhoids due to outstanding VA treatment records. The Veteran is also requested to report for a VA examination to assess his current severity of these conditions.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent since February 27, 2018. The Board found that his disability does not warrant a higher rating based on the severity of his condition.

Service connection for MUCMI and an increased rating for generalized anxiety disorder with stressor-related disorder are granted. The Veteran's symptoms include social isolation, anxious affect and mood, chronic sleep impairment, nightmares, hypervigilance, anxiety, suspiciousness, difficulty focusing, and suicidal ideation.

The Veteran's bilateral foot disability, bilateral hearing loss, and obstructive sleep apnea are not service-connected.,Service connection for a psychiatric disability (depression) secondary to lumbar spine disability is remanded. The Veteran currently meets the schedular requirements for a TDIU.

The Board has reopened the Veteran's claim for service connection for a low back condition due to new and material evidence. The case is remanded for further examination and opinion regarding the nature, etiology, and aggravation of the Veteran's low back disability.

The Board granted service connection for a back disability, finding that the Veteran's current back condition is etiologically related to his military service.