Back / lumbar spine decisions — 2018

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation from December 19, 2006 to December 18, 2007. The Board will remand the issues for further development and consideration.

The Veteran's hepatitis C was caused by an in-service blood transfusion performed prior to 1992 after the left thigh puncture wound.,The Veteran's back and hip disorders are not service-connected as they did not manifest during service or within one year of separation, and there is no evidence linking them to a service-connected condition.

The Board has decided to remand the case due to outstanding records that need to be obtained and reviewed before a final decision can be made on the service connection for degenerative disc disease of the lumbar spine with herniated nucleus polyposis.

The Veteran's claim for service connection for depression is denied as he does not have a current diagnosis of depression.,The Veteran's right hip disability was previously rated at 30 percent prior to February 3, 2016. From April 1, 2017, the rating has been increased to 50 percent due to moderately severe residuals of weakness, pain, or limitation of motion.,The Veteran's left hip disability is currently rated as 10 percent disabling and does not warrant a higher rating based on the evidence provided.,The Veteran's back disability is currently rated at 10 percent and does not meet the criteria for a higher rating under any applicable diagnostic codes.,The Veteran's sciatica in the right lower extremity warrants a 20 percent rating as it manifests with moderate incomplete paralysis.

The Board denied service connection for rheumatoid arthritis, right shoulder disorder, right ankle disorder, and low back disorder. The claims for bilateral hearing loss, tinnitus, and shortness of breath were also denied.

The Board has remanded the cases due to missing records, including service treatment records and private treatment records from various facilities. The Veteran's claims for low back disorder and an acquired psychiatric disorder are also being reviewed.

The Veteran's claims of service connection for PTSD, a cervical spine disability, and a low back disability have been reopened. The claim for PTSD is granted as the evidence supports that his PTSD is related to in-service stressors. Service connection is also granted for the cervical spine disability due to its relation to an in-service event. However, the Veteran's low back disability cannot be linked to service.

The Board has decided that the Veteran's claims for service connection for major depressive disorder, increased ratings for low back disability and radiculopathy of the bilateral lower extremities, and TDIU are remanded due to insufficient evidence. The Veteran needs a new examination to determine if his depression is related to service or his service-connected disabilities.

The Board has determined that the Veteran's current low back disability is not related to his service, including any surgeries and spinal anesthesia he received during service. The preponderance of evidence does not support a finding that his condition began during service or is otherwise related to an in-service injury, event, or disease.

The claim for service connection of a lumbar spine disability and bilateral hip disabilities is reopened due to new evidence. However, the remanded issues include determining if these conditions are secondary to service-connected knee disabilities.

The Board has remanded the Veteran's claims of service connection for various disabilities, including foot disability, toe numbness and tingling, hypertension, chronic edema, erectile dysfunction, left leg neuropathy, and depression. The VA will obtain his treatment records from 1970 to 2000, schedule him for examinations, and provide medical opinions regarding the nature and etiology of these disabilities.

The Board has decided to remand the claims of service connection for low back disability and bilateral knee disability due to insufficient evidence in the record, particularly regarding the Veteran's statements about her symptoms since service.

The Veteran's claim for a higher rating for her thoracolumbar spine degenerative disc disease (DDD) is being remanded due to the need for a new VA examination as the previous one did not fully satisfy the requirements of Correia v. McDonald, 28 Vet. App. 158 (2016).

The Veteran's claim for an increased rating for his lumbar strain with degenerative disc disease, status post fusion with scarring is remanded due to the need for a VA examination.

The Veteran's claim for service connection for a low back condition and depression is granted. The Board found that the Veteran's low back disability, diagnosed as degenerative disc disease, is etiologically related to his time in active service. Additionally, the Veteran's depression is aggravated by his service-connected low back disability.

The Veteran's appeals for service connection and disability ratings have been dismissed due to his death. Pension benefits were also dismissed.

The Board has remanded the Veteran's claims for service connection and increased rating due to insufficient evidence. The Veteran is required to provide medical records from his private doctors, and a VA examination will be conducted.

The Board has denied service connection for neuropathy of the right lower extremity and remanded the issues of service connection for low back condition, bilateral knee condition, and left lower extremity neuropathy due to secondary service-connected disability.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including VA treatment records and Social Security Administration (SSA) records.

The Board has denied the claims for lower back disorder, left knee disorder, and right knee disorder. The TDIU claim is also denied.