Back / lumbar spine decisions — 2018

The Board found that the Veteran's low back pain and acquired psychiatric disability are not related to his active duty service.

The Veteran's low back disability, characterized by DDD and spondylosis, is currently rated at 10 percent. The Board has granted separate ratings of 10 percent for radiculopathy in both the right and left lower extremities.

The Board has remanded the case for additional development, including a new medical examination to address whether the Veteran's low back disability is caused by or permanently aggravated by his service-connected right anterior tibial fasciotomy.

The Board found no evidence of a chronic low back disability related to service, and the Veteran's statements were not credible enough to establish service connection. The claim for service connection was denied.

The Board has denied service connection for low back disability and neck disability, as well as the claims for numbness of the right arm and fingers of the right hand. The claim for TDIU remains pending.

The Veteran's heart disability is not service-connected, and his back disability does not warrant a higher initial evaluation prior to December 6, 2010. From December 6, 2010 to March 8, 2015, the Veteran's back disability warrants a 40 percent evaluation based on incapacitating episodes having a total duration of at least four weeks during the past 12 months. Beginning March 9, 2015, his back disability warrants a 60 percent evaluation due to intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past 12 months. The Veteran's TDIU claim is granted effective December 6, 2010.

The Board has vacated its August 23, 2017 decision and granted the Veteran's request to reopen his claim of service connection for a low back disability. The new evidence received includes an undated private medical opinion linking the current DDD of the lumbar spine to service.

The Board denied the Veteran's claims for service connection for cervical spine and back disabilities, as well as his claim for TDIU. The Board found that there was no evidence of a direct relationship between these conditions and the Veteran's military service.

The Board denied the Veteran's claims for service connection for back, left knee, and right knee disabilities, finding that there was no evidence of a nexus between these conditions and his active duty service.,The Board also found that any current back or knee disabilities were not caused by or aggravated by his service-connected bilateral pes planus.

The Veteran's appeal is being remanded to the AOJ for further development and consideration of his claims, including obtaining updated VA treatment records and conducting additional examinations.

The Veteran's service connection claims for degenerative disc disease of the lumbar spine, lower extremity radiculopathy (secondary to his lumbar spine disability), and right lower extremity vascular condition have been granted. The Veteran also has a current diagnosis of hearing loss but does not meet the criteria for a hearing loss disability under VA regulations.,The Veteran's service connection claim for chronic sinusitis was denied, as there is no evidence of a current sinusitis disability.

The Board has granted service connection for dizziness and a 30 percent rating for migraine headaches prior to May 8, 2014. The Veteran's claims for other conditions are pending.

The Veteran's appeal is remanded due to the need for additional VA examinations and records, as well as a review of his service connection claim.

The Veteran's lumbar spine disability and PTSD have been granted service connection, and he is now eligible for a total disability rating based on individual unemployability due to his service-connected disabilities.

The Veteran's claims for lumbar spine disability, right knee degenerative arthritis, and other conditions are being remanded due to the need for additional development. The issues of rating higher than 20 percent for service-connected right knee degenerative arthritis, service connection for an acquired psychiatric disorder (other than PTSD and anxiety disorder), service connection for a muscle condition, service connection for sleep apnea, service connection for right ear hearing loss, and whether new and material evidence has been received to reopen a claim of service connection for left ear hearing loss are also being remanded.

The Veteran's appeal is being remanded for additional development, including obtaining VA records and scheduling a VA examination to assess the severity of his thoracolumbar disorder.

The Board has remanded the case due to the need for additional development of records and medical opinions.

The Veteran's claim for an increased rating for his service-connected low back pain with lumbar degenerative joint disease and degenerative disk disability is being remanded due to the need for a new VA examination.

The Board has determined that the Veteran's claimed conditions are not related to service and have denied all of his claims.

The Veteran's service-connected disabilities (lumbar and thoracic degenerative disc disease) preclude him from securing or following substantially gainful employment, warranting a total disability evaluation based on individual unemployability.