Back / lumbar spine decisions — 2018

The Veteran's lumbar strain disability is currently rated at 10 percent, and the Board found that it does not meet the criteria for a higher rating.,The Veteran's acquired psychiatric disorder is currently rated at 30 percent. The Board determined that her symptoms do not warrant an increased rating to 50 percent or above.

The Veteran's claims for increased ratings and initial ratings are being remanded due to the submission of new evidence that has not yet been considered by the AOJ.

The Veteran's appeals for initial compensable ratings and increased ratings for various conditions have been remanded due to the need for additional VA examinations.

The Veteran's service-connected disabilities, including obstructive sleep apnea, degenerative joint disease of the thoracolumbar spine, and right lower extremity radiculopathy, preclude all substantially gainful employment for which his education and occupational experience would otherwise qualify him. The Board grants entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims due to new evidence and need for additional medical opinions.

The Board has granted service connection for a right knee disorder, but denied service connection for tinnitus and back disorder.

The Board has remanded the Veteran's service connection claims for missing VA treatment records and additional National Guard service records. The claims will be reconsidered after these records are obtained.

The Board has denied the Veteran's claims for service connection and increased ratings, finding no evidence of a current disability related to his military service. The case is remanded for further examination and development.

The Veteran's lumbar spine disability has worsened since the last examination, and a new evaluation is needed to determine its current severity.

The Board has remanded the Veteran's claims of service connection for a back disability, bilateral knee disability, and bilateral foot condition due to insufficient evidence in some cases. The Veteran will need additional VA examinations to determine if his current conditions are related to his military service.

The Board has decided the issue of an initial rating higher than 40 percent for lumbosacral DDD from January 1, 2011 in March 2016 and dismissed the appeal as it is already decided.

The Veteran's depressive disorder, combined with other service-connected disabilities, has rendered him unable to secure or follow substantially gainful employment. Effective November 6, 2012, the Veteran is granted a TDIU.

The claim for a right pinky finger condition has been dismissed.,The claims for bilateral shoulder disability and residuals of frostbite of the left foot have been reopened, but are still pending as they were remanded for further examination and opinion.

The Veteran's claims of entitlement to an initial rating in excess of 10 percent for right lower extremity sciatica, TDIU, and SMC based on the need for regular aid and attendance are being remanded due to inadequate examination reports and new evidence is needed.

The Board denied the Veteran's claims of service connection for low back, left knee, right knee, bilateral plantar fasciitis, and left ankle conditions. The evidence did not support a finding that any of these conditions were incurred in or related to service.

The petition to reopen the previously denied claim of entitlement to service connection for low back disability is denied.,The petition to reopen the previously denied claim of entitlement to service connection for tuberculosis is denied.,The petition to reopen the previously denied claim of entitlement to service connection for hepatitis C is granted. Service connection for hepatitis C is denied.,A disability manifested by cramps in the thighs and legs has not been established.,Service connection for a hammertoe of the right foot has not been established.,Allergic rhinitis did not have its onset in service and is not otherwise related to service.,Hypertension did not have its onset in service; did not manifest to a compensable degree within the applicable presumptive period; and is not otherwise related to service.,Erectile dysfunction did not have its onset in service and is not otherwise related to service.,A prostate disorder did not have its onset in service and is not otherwise related to service.,Toenail fungus did not have its onset in service and is not otherwise related to service.,An acquired psychiatric disability, including depression, did not have its onset in service and is not otherwise related to service.

The Veteran's claim for service connection for a lumbar spine disability was reopened, granted, and an effective date of June 21, 2015, is assigned. Service connection for bilateral upper extremity radiculopathy on secondary basis to his cervical spine disability is also granted. An effective date earlier than October 4, 2016, for the assignment of a 20% rating for his cervical spine disability is denied.

The Board has remanded the Veteran's claims for service connection and rating issues, effective from March 16, 2012. The Veteran is also being asked to complete a VA Form 21-8940 for TDIU.

The Board has remanded the claims of service connection for thoracolumbar spine disability and bilateral hip disability due to insufficient examination findings regarding their etiology.

The Veteran's application to reopen the claim for service connection for a lumbar spine disability is granted. The right thigh strain issue is resolved and there are no current residuals. Service connection for a lumbar spine disability is remanded due to insufficient evidence in the prior examination.