Back / lumbar spine decisions — 2018

The Board has remanded the Veteran's claims for service connection due to insufficient opinions regarding the relationship between his disabilities and service-connected multiple sclerosis, as well as other secondary issues.

The Board has determined that the Veteran's lumbar spine disability is not related to his active service, and therefore denied his claim for service connection.

The Board has remanded the cases for further development and to obtain medical opinions regarding the Veteran's lumbar spine disability and acquired psychological disorder.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's claimed conditions, particularly concerning his alleged injuries and surgeries during active duty.

The Veteran meets the schedular criteria for a TDIU from February 17, 2012. From that date, his service-connected disabilities have prevented him from securing or following a substantially gainful occupation.

The Board has remanded all issues on appeal due to non-compliance with previous directives. The Veteran's surviving spouse is being provided another opportunity for the claims file to be updated and any necessary medical opinions obtained.

The Board denied a total disability rating based on individual unemployability (TDIU) prior to November 12, 2010 because the Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Board has remanded the Veteran's claims for left knee arthritis and lumbar spine degenerative disc disease due to incomplete examinations. The Veteran will need to undergo new VA examinations to determine the current severity of his conditions.

The Board has granted service connection for hypothyroidism, cardiomyopathy, and a lumbar spine disability as secondary to the Veteran's service-connected squamous cell carcinoma (SCC) disability. The maximum rating of 90% is also granted for the left hip disability.

The Board has remanded the claims of COPD, bronchial asthma, and TDIU due to service-connected disabilities. The low back disability claim is also being remanded for a VA examination.

The Veteran's TDIU claim was denied as the evidence did not show he is unemployable due to his service-connected disabilities.

The Veteran's bilateral foot disability is granted as service connected. The Veteran's back disability is denied as not being related to his active duty service.

The Board has remanded the Veteran's claims for service connection and increased rating for his right knee disorder, lumbar spine spondylosis, and left knee patellofemoral syndrome due to inadequate VA examinations. The claims are now pending again with the AOJ.

The Board denied the Veteran's claim for service connection for a left hip and pelvis disability, finding that his current condition clearly and unmistakably preexisted military service and was not aggravated by it. The appeal is also remanded for further examination of the Veteran's thoracolumbar spine disability.

The Board has granted service connection for the Veteran's right knee disability and denied service connection for his lumbar spine and left knee disabilities. The case is remanded to assign an initial rating for the right knee disability and adjudicate a claim for TDIU.

The Veteran's claim for a separate rating of 20 percent for radiculopathy of the right lower extremity is granted. The claim for an increased rating in excess of 20 percent for low back disability, and claims for initial ratings in excess of 10 percent for painful residual scars and nonpainful residual scars are denied. The Veteran's claim for a separate rating of 40 percent for radiculopathy of the left lower extremity is granted. The claim for an initial rating in excess of 20 percent for radiculopathy of the left lower extremity is denied. The Veteran's claim for an initial rating in excess of 70 percent for psychiatric disorder is granted.

The Board has decided to remand the claims for service connection due to insufficient evidence, particularly regarding the Appellant's periods of active duty and inactive duty training (IDT) service. The case will be returned to the AOJ for further development.

The Board denied service connection for a cervical spine disorder and denied increased ratings for the lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The Veteran was granted a total disability rating based on individual unemployability from April 4, 2012.

The Veteran's degenerative disc disease of the lumbar spine, trochanter bursitis of the right hip, peritoneal mesothelioma, and early menopause are all granted service connection. The issue of service connection for depression is remanded.

The Veteran's claims for increased ratings and service connection have been remanded due to insufficient evidence. The initial rating for thoracolumbar spine strain with degenerative joint disease remains denied, as does the compensable rating for right shin splints. Service connection for left shin splints is also remanded.