Back / lumbar spine decisions — 2018

The Veteran's claims for service connection for hypertension and aortic stenosis were denied as new and material evidence was not received. The Veteran's diabetes mellitus, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, left carpal tunnel syndrome (CTS), residuals of a left arm injury with history of cubital tunnel (left arm injury), degenerative arthritis of the cervical spine, and tinea cruris were all service connected. The Veteran's diabetes mellitus was rated at 20 percent.

The Board has denied the Veteran's claims for service connection for bilateral hip disabilities, right and left foot disabilities, and peripheral neuropathy of the lower extremities as secondary to his service-connected knee strains. The Veteran's current hip and foot conditions are not considered service connected.

The Veteran's appeal is being remanded for additional examinations and opinions to determine the severity of his service-connected conditions, as well as to address whether he has a current left ankle disability related to his active duty service.

The Veteran's appeal is remanded due to the need to consider a claim of CUE in the January 2008 rating decision assigning a noncompensable rating for his lumbosacral spine disability, and then readjudicate the earlier effective date issue.

The Veteran's appeal is being remanded due to the need for additional development of his claims, including obtaining prison treatment records and addressing increased rating issues.

The Board has determined that the claims for service connection and increased ratings are not ready for appellate review due to the need for additional development. The Veteran's low back, right knee, left knee, and major depressive disorder disabilities will be remanded for further examination and opinion.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated VA treatment records and a VA examination to assess his bilateral hearing loss and scar. The service connection claim will be remanded as well.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining outstanding treatment records and affording her with VA examinations.

The Board has determined that the Veteran's substantive appeal of a June 2013 rating decision was not timely filed, and thus the appeal is denied.

The Veteran's claims for increased disability evaluations and reopening of service connection were denied. The Board found no new and material evidence to reopen the claim for a neurological disorder with headaches, seizures, and blackouts. The criteria for higher ratings for lumbosacral strain and left lower extremity radiculopathy were not met.

The Veteran's lumbosacral spine degenerative joint disease has been rated at 20 percent, the highest available rating under VA regulations for this condition.

The Veteran's back brace, used for his service-connected lumbar spine disability, causes wear and tear to his clothing. The Board has granted a clothing allowance for the year 2013 due to this issue.

The Board has determined that a remand is necessary to obtain additional medical examinations for the Veteran's lumbar spine disability and left lower extremity radiculopathy, as well as to address the issues of rating in excess of 20 percent.

The Board has determined that the Veteran's current spine disorders did not manifest during service or within a year thereafter, and are not related to any in-service event. As such, service connection for these disabilities is denied.

The Board has determined that the Veteran's current low back disability is related to his in-service low back symptoms, and therefore grants service connection for a low back disability. However, there is no evidence of left lower extremity radiculopathy at any time during the appeal period, so service connection for this condition is denied.

The Board has determined that the Veteran's back strain is related to his active service, and thus grants service connection for a back disability.

The Veteran is unable to secure and maintain substantially gainful employment due to his service-connected back disability, which limits him from performing physical or sedentary work.

The Veteran's appeals for increased evaluations have been dismissed as the Veteran withdrew his appeals prior to the promulgation of decisions. The Board found that uniform evaluations are warranted for radiculopathy of the right lower extremity associated with both the sciatic and femoral nerves.

The Veteran's appeals for increased ratings on multiple knee and back conditions have been dismissed due to the Veteran's withdrawal of all claims.

The Board has determined that the reduction of the Veteran's left knee disability rating from 30% to 10% was not proper and restored the 30% rating for this period. The right knee and left knee disabilities are each rated at 30%. The lumbar spine disability is rated at 40%.