Back / lumbar spine decisions — 2018

The Board has granted service connection for a low back disability and gastrointestinal disability, finding that the Veteran's symptoms are related to his active service.

The Veteran's increased rating for a bilateral foot disability and restoration of his back disability rating from 10% to 20% have been granted. The issue of restoring the Veteran's TDIU is remanded due to new evidence potentially available.

The Veteran's claim for a higher rating for his service-connected back disability is remanded due to the need for additional evidence and an examination.

The Board has remanded the Veteran's claims for service connection for back and left knee disabilities, both secondary to his service-connected left foot disability with scar. The claims are now before the VA for further examination and determination.

The Board has granted service connection for tinnitus. The remaining issues of service connection for bilateral hearing loss, low back disability, right and left knee disabilities, and skin cancer are remanded due to the need for additional medical examinations.

The Board has determined that the reduction in the rating for right knee strain from 40 percent to 10 percent, effective July 11, 2017, was improper and has ordered restoration of the prior rating. The Veteran's cervical spine, depressive disorder, lumbar spondylosis, right knee strain, left knee degenerative joint disease, and scar, residual injury right ring finger disabilities are all remanded for further examination and opinion.

The Veteran's service-connected disabilities, including his lumbar spine and left lower extremity radiculopathy conditions, prevented him from securing or following a substantially gainful occupation prior to September 1, 2016. The Board granted the TDIU claim.

The Veteran's appeal for a rating greater than 60 percent for his low back disability and TDIU was denied. The Board found that the evidence did not support ankylosis of the spine, which is required for a higher rating under DC 5243. For TDIU, the Veteran met the schedular criteria due to multiple service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board denied the Veteran's claims for service connection for a back (lumbar spine) disorder and for a neurological disorder of the bilateral lower extremities, finding that new evidence did not raise a reasonable possibility of substantiating his claims.

The Veteran's appeals for earlier effective dates for bilateral hearing loss and tinnitus were withdrawn. The claims for an initial compensable rating for bilateral hearing loss and service connection for a back disability are remanded.

The Board has remanded the Veteran's claims for low back disability, dizziness, and digestive disorder due to additional development being required.

The petition to reopen a claim of entitlement to service connection for a back disability is granted. The claims of entitlement to service connection for right knee degenerative joint disease, sleep disturbances, IBS, and left ankle fracture residuals are dismissed.

The Veteran's fibromyalgia has been granted a 40 percent disability rating, effective November 28, 2006. The Board denied entitlement to TDIU based on a single service connected disability (PTSD and fibromyalgia).

The Veteran's claims for right ear hearing loss disability, left ear hearing loss disability, cervical spondylosis, tinnitus, tinea versicolor, adjustment disorder with mixed anxiety and depressed mood, right hip iliotibial band syndrome with limited flexion, right hip iliotibial band syndrome with limited extension, right hip iliotibial band syndrome with impairment of the thigh, right knee strain, left knee strain, thoracolumbar strain, right shoulder scars, status-post surgery, left ingrown toenails, and migraine headaches have all been denied.,The Veteran's bilateral pes planus claim has also been denied for periods when a 100% rating was granted due to surgical convalescence.

The Board has determined that the Veteran's low back disability is related to an in-service injury, and thus service connection should be granted. However, further development is needed as the VA examiner only provided an opinion regarding pre-existence of a condition during service.

The Board has reopened the Veteran's claim of service connection for a low back disability, including spina bifida. The new evidence submitted by an orthopedic surgeon indicates that the Veteran experienced both a superimposed injury and aggravation of his congenital condition during service.

The Board has remanded the Veteran's claims for service connection for a back condition, sleep condition, and neuropathy secondary to his right knee condition due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include back disability, diabetic retinopathy, coronary artery disease, prostate cancer, and diabetes.

The Veteran's claim for service connection of a low back disability is remanded due to the need for additional development, including an examination and opinion regarding the etiology of his claimed condition.

The Veteran's claims for service connection for various conditions, including hearing loss, fibromyalgia, chronic fatigue syndrome, neck disability, low back pain, bilateral knee disabilities, cephalgia, hand tremors, restless leg syndrome, and respiratory insufficiency are being remanded due to insufficient evidence. The claim for acquired psychological disability is also being remanded.