Back / lumbar spine decisions — 2018

The Board has denied service connection for a right shoulder disorder and granted service connection for shortening of the right leg. The remaining issues regarding lumbar spine and right hip disorders are remanded.,Service connection is being granted for shortening of the Veteran's right leg due to an in-service fracture, but his claims for other conditions remain pending.

The Veteran's diabetes mellitus type 2 and related conditions, along with his coronary artery disease, qualify him for special monthly compensation based on being housebound.

The petition to reopen the claim for service connection for a low back disability is granted. The reopened claim of entitlement to service connection for a low back disability is remanded.

The Board has granted service connection for lumbar degenerative disc disease with radiculopathy and bilateral pes planus with arthritis, finding that these conditions are at least as likely as not related to the Veteran's military service.

The Board denied service connection for cervical spine, right shoulder, left knee, low back, and left leg disorders as well as an eye disorder. The Veteran's claims were not supported by credible evidence linking these conditions to his military service.,Service connection was also denied for a deviated septum because there is no probative evidence of its occurrence during or immediately after service.

The Board has granted the Veteran's claims for service connection for cervical and lumbar spine disabilities, finding that there is equipoise of evidence in favor of a relationship to service. The effective date remains pending as it was not assigned by the RO.

The Board has remanded the claims of service connection for a cervical spine disability, a disability rating in excess of 40 percent for a lumbar spine disability, and TDIU prior to July 24, 2014. The case is being returned to the RO/AMC for additional development.

The Veteran's claim for service connection for residuals of yellow fever was denied. The appeal for a higher initial evaluation for thoracolumbar spine arthritis remains before the Board.

The Board has remanded the case for additional development, including scheduling a VA examination to assess the current severity of the Veteran's service-connected disabilities and determine if she is entitled to a TDIU.

The Board denied service connection for a low back disorder, claiming ankylosing spondylitis, as the evidence did not show it was incurred in or aggravated by service.,Service connection was also denied for depression and/or anxiety (other than PTSD) to include as secondary to a low back disorder.

The Board has remanded several issues related to the Veteran's service connection claims, including those for low back disability, left knee and right knee disabilities, left leg disability (other than left knee), right fibular fracture, and left ankle disability. The remand requires additional opinions from VA clinicians regarding these claims.

The Board has remanded the issue of an evaluation in excess of 40 percent for the Veteran's lumbar spine disability due to inadequate examination findings. The Veteran is also granted special monthly compensation based on aid and attendance.

The Board has denied the Veteran's claim of service connection for a lumbar spine disorder. The remaining issues have been remanded due to new evidence and need further examination.

The Board has remanded the claims for service connection due to issues regarding new and material evidence, as well as a claim of CUE in prior rating decisions. The right femur and right patella claims, along with secondary service connection claims for lumbar spine, bilateral hip, and left lower extremity disabilities are also being deferred until the CUE claim is adjudicated.

The Veteran's appeal is remanded for additional development, including obtaining SSA records and private treatment records from La Concepcion. A medical opinion is needed to determine the relation of the Veteran's April 2017 spine surgery to his service-connected lumbar strain disability and whether his lower extremity radiculopathy is related to his service-connected disability.

The Veteran's claims for higher ratings for lumbar strain, right hip bursitis, tarsal tunnel syndrome of the right lower extremity, and tarsal tunnel syndrome of the left lower extremity are being remanded due to insufficient medical opinions regarding flare-ups.

The Veteran's claim for a higher rating for sinusitis is denied as the evidence does not show more than six non-incapacitating episodes of sinusitis per year.,VA has remanded the issues of service connection for back disability, sciatica of the left and right lower extremities, and PTSD. The Veteran will need to provide additional medical records and a supplemental opinion regarding these claims.

For the period of appeal prior to November 29, 2015, the Veteran's multi-level degenerative disc disease of the lumbar spine did not meet the criteria for a higher evaluation.,For the period from November 29, 2015, the Veteran's multi-level degenerative disc disease of the lumbar spine met the criteria for an evaluation in excess of 40 percent.

The Veteran's service-connected left knee total arthroplasty with left thigh muscle atrophy resulted in chronic residuals consisting of severe painful motion or weakness. The claim for increased rating is granted, and the Veteran is now rated at 60 percent for this condition.

The Board has reopened the Veteran's claim of service connection for hypertension and granted service connection based on evidence showing that it is at least as likely as not incurred during his military service. The issue of a compensable rating for status post bilateral inguinal herniorrhaphy with scars was withdrawn by the Veteran, thus no further action is required in this regard.