Back / lumbar spine decisions — 2018

The claim for service connection of lumbar spine condition and right hip strain is being remanded due to the need for additional medical opinions.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's back disability is related to his service. The Veteran needs a VA examination to determine if he has a current back disability and if it is linked to his in-service heavy lifting.

The Veteran's service-connected right shoulder bursitis disability has been granted a rating of at least 20 percent since February 11, 2013. The remaining issues are remanded for further examination and evaluation.

The Board has determined that the Veteran's neck disability, including cervical spinal stenosis with degenerative disc disease (DDD), intervertebral disc syndrome (IVDS), and left cervical radiculopathy, is related to his active duty service. Therefore, service connection for this condition is granted.

The Veteran's erectile dysfunction is being remanded for a new VA examination to determine its etiology. His lumbar spine disability remains in dispute and requires another VA examination to assess the current severity of his condition.

The Board has dismissed the issue of an earlier effective date for the right knee disability. The issues of service connection and increased ratings have been remanded due to incomplete development.

The Veteran's service-connected disabilities were not shown to be of such a nature or severity to have prevented him from obtaining or retaining substantially gainful employment. The Board finds that the weight of the evidence is against a finding that the Veteran was unable to obtain or retain substantially gainful employment due to his service-connected disabilities.

The Board denied service connection for cervical spine, thoracolumbar spine, dermatitis, and neuropathy disabilities as there was no evidence of a nexus between the conditions and active service.

The Board has determined that new evidence has been added to the record and must be considered. The issues are being remanded for further action.

The Board has granted service connection for low back disability and obstructive sleep apnea. The issues of bilateral pes planus, chronic fatigue syndrome, and an acquired psychiatric disorder are being remanded for further development.

The Board denied service connection for a low back disorder, bilateral knee disorders, and an acquired psychiatric disorder due to the lack of evidence linking these conditions to service.,Service connection was not granted as there is no credible evidence showing that any current diagnoses are related to in-service injuries or events.

The Veteran's appeal includes claims for service connection for various conditions, and the Board has remanded these issues due to their potential impact on a TDIU claim. The TDIU issue will be reconsidered after addressing the service connection claims.

The Board dismissed the appeal for a rating in excess of 30 percent for cervical spine injury with strain. A separate compensable disability rating of 10 percent, but no higher, was granted for radiculopathy of the right lower extremity from January 12, 2017. Service connection for anxiety disorder with amnesic disorder was properly terminated and denied. Severance of special monthly compensation housebound benefits, non-service connected pension, and Dependents’ Educational Assistance (DEA) benefits were also granted.

The Board has reopened the Veteran's claim for service connection for lumbosacral strain (claimed as a low back condition) and granted it, finding that there is sufficient evidence to establish service connection due to chronic lower back pain noted during active duty.

The Board found that the termination of SMC based on housebound status, effective June 1, 2010, was proper due to the Veteran not meeting the statutory requirements for the payment of special monthly compensation at the housebound rate beginning November 1, 2006.

The Board has decided to remand the case due to insufficient medical evidence on file, and a VA examination is needed to determine if the Veteran's current low back disability is related to his service.

The Veteran's lumbar myositis is rated at 20 percent prior to May 10, 2013 and at 40 percent thereafter. His adjustment disorder with mixed features remains at 30 percent. The left hand cubital tunnel syndrome; left ulnar elbow neuropathy continues to be rated at 20 percent. There is no TDIU granted.

The Board has granted service connection for a left knee disability, diagnosed as chondromalacia, patellofemoral joint, left knee, to include as secondary to service-connected residuals of a right foot fracture with a great toe injury. The claim of entitlement to service connection for a back disability is remanded.

The Board denied the Veteran's claims for service connection and rating increases, finding that his conditions did not warrant higher ratings based on the evidence of record.

The Veteran's appeal is being remanded for additional development to ensure that his claims are evaluated in a thorough and proper manner.