Back / lumbar spine decisions — 2018

The Veteran's appeal is remanded for further development regarding his service-connected left knee and low back disabilities, as well as other issues. The TDIU claim is also remanded.

The appeals for service connection and ratings related to the Veteran's liver disorder, hypertension, anxiety disorder, and degenerative disc disease of the lumbar spine have been dismissed due to the Veteran's death.

The Veteran's sleep apnea is granted as secondary to his service-connected anxiety disorder and opioid pain medications. The claims for left hip disability, right hip disability, bilateral ocular disability, respiratory disability, hypogonadism with erectile dysfunction, skin condition, recurrent sprains of the left ankle, recurrent sprains of the right ankle, degenerative disc disease of the lumbar spine, status post left foot tendon release with benign tumor of the plantar surface with plantar fasciitis, and status post right foot tendon release with benign tumor of the plantar surface with plantar fasciitis are all denied. The Veteran is granted a 50 percent rating for tension-migraine headaches.

The Board denied service connection for left ear hearing loss and remanded the issue of service connection for a lumbar spine disorder due to inadequate medical opinions.

The Board has remanded several issues for further development and review, including service connection claims and an earlier effective date claim. The Veteran's appeal includes multiple service connection claims and one related to the effective date of additional compensation based on having a dependent spouse.

The Veteran's service-connected PTSD and back disability render him unable to secure or follow substantially gainful employment since May 20, 2012.

The Veteran's degenerative arthritis of the lumbar spine was diagnosed during service and is considered incurred in service. The Board also found that his current diagnosis of degenerative disc disease is not related to service.

The Veteran's appeal for an increased rating for Major Depressive Disorder was denied, and he was granted a total disability rating based upon individual unemployability (TDIU). The Board found that the Veteran did not meet the criteria for a higher rating due to his MDD, but determined that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment.

The Board has decided to remand the case for additional development, including obtaining VA and private medical records related to the Veteran's claimed low back disorder and heart disorder.

The Board has determined that the Veteran does not have a current hip disability, right ear hearing loss, or right knee disability. The claim for service connection is therefore denied.

The Veteran withdrew his appeals on all issues related to service connection, including for degenerative disc and joint disease of the lumbar spine, bilateral pes planus, left knee disability, right knee disability, degenerative arthritis of the left glenohumeral joint, degenerative arthritis of the left acromioclavicular joint, neck disability, and vision disability.

The Veteran's claims for increased ratings for his lumbar spine and left knee disabilities have been denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable VA rating criteria.

The Veteran's claims for higher ratings for his service-connected lumbar spine disability, left and right lower extremity radiculopathy were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's low back disability was rated at 20 percent prior to June 21, 2013 and at 40 percent thereafter. The left lower extremity sciatic nerve radiculopathy was rated at 20 percent prior to June 21, 2013.

The Veteran's appeal is mixed, with some issues granted and others not. The low back disability has been rated as 10 percent disabling, but the rating for hemorrhoids remains at 10 percent. A separate rating of 10 percent was granted for left lower extremity radiculopathy before January 5, 2018, and a rating of 20 percent since then.

The Board has remanded the case for a new medical opinion to address whether the Veteran's service-connected PTSD caused or aggravated his opioid abuse and/or dependency, which led to his fatal methadone intoxication. The claim is being returned to the RO for further adjudication.

The Veteran's service-connected lumbar spine disability is being remanded for a VA examination to assess its current severity and manifestations. Additionally, the effective date of his 10 percent rating needs to be determined.

The Veteran's appeals for service connection and increased evaluations have been dismissed due to his withdrawal of the appeals.

The Veteran's claims of service connection for various conditions have been denied. The Board found no evidence to support the Veteran’s assertions regarding his claimed disabilities, and there was insufficient medical evidence linking any current disability to service.

The Board has remanded the cases for further development, including obtaining VA treatment records and determining whether service connection criteria were met prior to the effective dates of the disabilities.