Back / lumbar spine decisions — 2018

The Board has determined that the VA examinations for the lumbar spine and left leg disabilities are incomplete due to a failure to meet the requirements of Correia v. McDonald, 28 Vet. App. 158 (2016), and thus requires further medical guidance. The Veteran's right leg disability is also being remanded as it is intertwined with his lumbar spine disability.

The Veteran's claim to reopen his service connection for a back disorder was denied due to lack of new and material evidence. His claims for higher ratings for erectile dysfunction, right orchiectomy, and bilateral inguinal hernias are remanded for further evaluation.

The Veteran's service connection claims for an acquired psychiatric disorder, undiagnosed illness resulting in numbness of arms, fatigue, headaches, sleeping difficulties, joint and muscle pain, low back disorder, and right knee disorder are remanded due to insufficient evidence.

The Veteran's claims for increased evaluations of his L1 vertebral fracture with lumbar spondylosis and cervical spine injury with cervical spondylosis are being remanded due to the need for additional information regarding incapacitating episodes, flare-ups, and further examination.

The Board is unable to decide the claim based on the evidence of record because there are no recent VA treatment notes for a back brace. The case will be remanded to obtain these records.

The Veteran's claims for increased ratings for lumbar spondylosis and bilateral lower extremity radiculopathy are remanded due to inadequate VA examinations, requiring further development including obtaining new VA opinions on the full extent of disability.

The Board has denied the Veteran's claims for service connection for bilateral hip disability and migraine headaches due to a lack of evidence of current disabilities. The remaining issues have been remanded for further development.

The Board has determined that the issues of service connection for various disabilities, including cervical spine disability, lumbar spine disability, and bilateral pes planus, must be remanded due to a lack of proper readjudication following previous remand orders. The Veteran's claims are related to his service-connected bilateral pes planus.

The Veteran's claims for increased ratings for bilateral pes planus and Achilles tendonitis, hypertension, and degenerative arthritis of the spine with spondylosis are being remanded due to several issues needing further examination and consideration.

The Veteran withdrew his claims for increased ratings for his lumbar spine disability, increased ratings for his bilateral lower extremity radiculopathy, service connection for a bilateral knee disorder, service connection for a bilateral foot disorder, and service connection for a neck disorder. The claim for service connection for an acquired psychiatric disorder was reopened due to new and material evidence being submitted.

The Veteran's claim for a higher rating for thoracolumbar spine disability was denied. The Board found that the current ratings were appropriate, with no evidence of ankylosis or incapacitating episodes meeting the criteria for higher ratings.

The Veteran's appeal of his lumbosacral spine disability is being remanded for additional development, including obtaining VA treatment records and scheduling a new examination to assess the severity of his condition.

The Board has remanded all issues on appeal due to the need for additional VA examinations and records, including private treatment records from various hospitals and SSA disability benefits records. The Veteran's claims include service connection for heart disorders, stroke residuals, bilateral lower extremity disorders, and other conditions.

The Board denied service connection for a lumbar spine disability, right knee disability, and left knee disability due to lack of evidence linking these conditions to service or any presumptive period.,Service connection was also denied for residuals of pneumothorax with an initial rating in excess of 10 percent and chest scars.

The Board has granted a separate 20 percent rating for left lower extremity radiculopathy from March 1, 2013 onwards. The Veteran's lumbar spine disability remains rated at 40 percent.

The Board has denied the Veteran's claims for service connection for post-operative lumbar spine disorder, left hip degenerative joint disease, and a left foot condition secondary to low back/hip. The acquired psychiatric disorder (other than PTSD) claim was not addressed as it is considered separate from the other issues.

The Veteran's cervical spine disability was rated at 10 percent prior to October 18, 2012 and at 30 percent from October 18, 2012 to September 17, 2015. The Board found no evidence of ankylosis or neurological deficits during this period, thus denying increased ratings.

The Board denied service connection for a low back disorder and bilateral pes planus, finding that the evidence did not support a current disability related to service.

The Veteran's lumbar spine disability is rated at 40 percent prior to May 12, 2014.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various disabilities, including a lumbar spine disability with right leg radiculopathy, a right eye disability, a left hand disability, a right knee disability, a right toenail disability, and a bilateral foot disability. The AOJ will verify any periods of active duty training (ACDUTRA) or inactive duty training (INACDUTRA), obtain authorization for the Veteran's medical records from Wentzville, Missouri, and schedule examinations to determine the nature and etiology of these disabilities.