Back / lumbar spine decisions — 2018

The Veteran's service-connected conditions, including hypertension with kidney disease, diabetes mellitus, bilateral lower extremity neuropathy, and lumbar spine arthritis, render him unable to maintain substantially gainful employment. The Board finds that the combined effect of these disabilities is sufficient to meet the criteria for a TDIU.

The Veteran's claims for PTSD, left peroneal nerve injury, and lumbar spine disability have been resolved by a September 2013 rating decision. The claim for tinnitus remains pending but has now been withdrawn by the Veteran.

The Board found that the Veteran's current back and neck disorders are not related to his active duty service, as there was no evidence of continuity of symptomatology or a nexus between his in-service injury and his current conditions.

The Veteran's right hip replacement disability is rated at 90 percent, the maximum schedular rating. The issue of entitlement to a TDIU has also been granted due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board has dismissed the appeal due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Board has remanded the Veteran's increased rating claims for various disabilities, including cervical spine disability, lumbar spine disability, left knee degenerative joint disease, bilateral pes cavus with bilateral heel spurs, left foot hallux valgus, right foot hallux valgus, posterior thigh muscle (muscle group XIII), hypertension, inguinal hernia, kidney stones, and generalized anxiety disorder. The claims will be reconsidered in light of the additional evidence received since the April and May 2016 Supplemental Statements of the Case.

The Veteran's service connection for radiculopathy of the left and right lower extremities is granted. Service connection was also granted for a cervical spine disability, claimed as moderate degenerative disc disease (DDD), C4-5, C5-6, C6-7.

The Board denied service connection for a lower back disability, finding that the preponderance of evidence does not show a link between the Veteran's current condition and his in-service injury.

The Veteran's claim for service connection for a low back disorder was denied in 1990 due to the condition preexisting his military service. The claim was reopened and granted in January 2013, but an earlier effective date is denied as there were no new service department records.

The Board has decided to remand the case due to insufficient evidence regarding the current severity of the Veteran's low back disability. The Veteran needs a new VA examination to assess his range of motion and any neurological impairment.

The Board has remanded several issues related to the Veteran's service connection claims, including for dizziness, right ankle disability, left knee strain, right knee strain, thoracolumbar strain with sacroiliac degenerative joint disease and degenerative disc disease of the lumbar spine, left ankle ligament strain, and PTSD. The remand requests additional examinations to determine the nature and etiology of these conditions.

The Board has remanded the cases for further development due to inadequate VA examinations and new legal requirements.

The Veteran's claim for increased ratings and TDIU are being remanded due to incomplete development of the record, including the need for additional examinations and opinions.

The Veteran's appeal of cervical spine osteoarthritis and degenerative disc disease was dismissed. The Veteran's bilateral hearing loss is granted as related to service.

The Veteran's appeal for an increased rating for his lumbar spine disability has been dismissed due to the death of the appellant, as the Board does not have jurisdiction to adjudicate the merits of this appeal at this time.

The Board has granted service connection for a back disability and cervical spine disability, but denied service connection for brain cancer (undiagnosed illness), migraines (undiagnosed illness and/or secondary to brain cancer), and bilateral leg numbness (undiagnosed illness and/or secondary to brain cancer).

The Board has granted service connection for the Veteran's low back disability, finding that it is at least as likely as not related to his in-service injury. The appeal was remanded due to a need for updated VA treatment records and an audiometric examination.

The Veteran's appeal seeking to establish that he filed a timely notice of disagreement (NOD) with the November 2007 rating decision was denied. The Board also remanded several issues for further development and consideration.

The Veteran's GERD and hypothyroidism have been rated based on the severity of their symptoms. The Veteran is not entitled to higher initial disability ratings for these conditions.,For his hypothyroidism, the Veteran was granted a 30 percent rating from August 29, 2007, to October 12, 2009, and denied any increase in rating prior to this period and since October 13, 2009.

The Board has remanded the Veteran's claims for service connection for back disability, bilateral shin splints with edema (claimed as a bilateral foot condition), and eye disabilities to include esotropia and cataracts due to the need for VA examinations.