Back / lumbar spine decisions — 2018

The Board has remanded the claims of service connection for bilateral knee disability, low back disability, and pes planus due to insufficient evidence. The Veteran is presumed credible regarding his reports of in-service injuries and post-service symptoms.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and left lower extremity radiculopathy are being remanded due to the need for additional examinations.

The Board has remanded the claims for service connection for lumbar spine disability, hypertension, hyperlipidemia, and radiculopathy of the lower extremities due to lack of evidence establishing a nexus between these conditions and service.

The Board has denied a compensable rating for allergic rhinitis and remanded the issues of increased ratings for major depressive disorder, cervical spine degenerative disc disease, left upper extremity radiculopathy, and right upper extremity radiculopathy. The Veteran's claims are being returned to the RO for further development.

The claims for service connection and evaluation in excess of 10 percent for plantar fasciitis are remanded due to the need for additional examinations and medical opinions. The issues regarding secondary service connection, tarsal tunnel release, and sleep disability require further development.

The Veteran's appeal is remanded for additional development, including obtaining medical records and conducting examinations to determine if his current disabilities are related to service.

This decision is remanded for additional development to obtain updated VA and private treatment records, including from a medical facility in Sedalia, Missouri. The Veteran should also be provided an opportunity to submit lay statements regarding her service-connected conditions and their impact on her ability to work.,The Veteran's kidney stones claim will require a new VA examination to determine if she had any such condition during service or is otherwise related to service. Her sinusitis and right hip disability claims will need a new VA examination, including the May 2012 private treatment record, to assess whether they began in service or are related to service.,The Veteran's GERD claim requires a new VA examination to determine its current severity. The cervical spine disability claim needs a new VA examination to evaluate her radiculopathy of the upper extremities and to assess any associated objective neurologic abnormalities under an appropriate diagnostic code. Her right elbow disabilities will need a new VA examination to determine their current severity.

The Board denied service connection for a lumbar spine disorder and bilateral hearing loss as there is no evidence of current disabilities, and the appellant did not provide sufficient medical or lay evidence to support his claims.

The Veteran's claim for an extension beyond August 31, 2015 for a temporary total rating due to right shoulder rotator cuff tendonitis disability following surgery was denied. The Veteran also met the criteria for TDIU based on his service-connected disabilities.

The Board has remanded the claims of service connection for a cervical spine disability, thoracolumbar spine disability, and an acquired psychiatric disorder due to incomplete records and need for additional medical opinions.

The Board has decided to remand the case due to incomplete records and requests for additional information.

The Board has determined that the Veteran's current low back disability, including arthritis, had its initial onset during his second period of active service and is related to that service. The heart disease claim will be remanded for additional development as it involves a complex medical issue. Sleep apnea claims are also remanded due to insufficient evidence regarding its onset or aggravation during service.

The Board found that the Veteran's April 25, 2013 VA Form 9 was not timely filed and thus denied his appeal regarding service connection for degenerative arthritis of the lumbar spine with L3-L5 fusion, a left testicle condition, and a stomach condition.

The Veteran's TBI residuals are currently rated at 10 percent, and the Board finds that a higher evaluation is not warranted based on the evidence of record.

The Board has determined that the Veteran wishes to withdraw her claim of entitlement to service connection for hearing loss. The remaining issues on appeal are being remanded for further development and consideration.

The Veteran's benign cyclic leukopenia, left knee disability, lumbar spine disability (including sciatic condition), and acquired psychiatric condition (to include PTSD) are all found to be related to service. The Veteran is granted service connection for these conditions.

The Board has ordered a remand due to the need for additional development, including an examination of the Veteran's low back disability and consideration of flare-ups. The case will be returned to the Board after this is completed.

The Veteran's lumbosacral strain, with spinal stenosis and intervertebral disc syndrome, is currently rated at 40 percent. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or additional functional loss due to pain, weakness, fatigue, lack of endurance, incoordination, instability, or abnormal weight bearing.

The Veteran's lumbar spine disability is service-connected, but his hypertension and respiratory disorder claims are not established. The Board will need to obtain additional evidence regarding the Veteran's exposure to asbestos during service and determine if a current respiratory disorder exists.

The Veteran's service-connected disabilities prior to September 16, 2006 precluded her from obtaining or maintaining substantially gainful employment.