Back / lumbar spine decisions — 2018

The appeal for service connection of a back disability is granted. The reduction in the PTSD evaluation from 50% to 30% is upheld.

The Board denied service connection for various conditions, including right foot disability, left foot disability, lumbar spine disability, liver disability (hepatitis B and nonalcoholic steatohepatitis), memory loss, headaches, left eye disability (cataracts and glaucoma), high cholesterol, right knee disability, and left knee disability (arthritis).

The Board has remanded the case due to inadequate spine examinations and a need for new examination to assess the severity of the Veteran's lumbosacral strain.

The Veteran's service-connected disabilities, including depression, neck, back, ankle, and foot conditions, made it impossible for him to engage in substantially gainful employment. As a result, the Board granted a TDIU on an accrued basis.

The Board has remanded the Veteran's claims for service connection for various conditions, including right thumb and little finger trauma residuals, lumbar spine disorder, left ankle disorder, right ankle disorder, and bowel disorder with constipation. The case requires further examination to determine the etiology of these disorders.

The Board has granted service connection for a left shoulder condition and a low back condition, finding that these conditions are related to the Veteran's military service.

The Board has reopened the Veteran's claim of service connection for a lumbar spine disorder and remanded it for further development.

The Board has decided to remand the Veteran's claims for service connection and increased rating as they are incomplete due to inadequate VA examination reports. The Veteran is seeking service connection for low back pain and right foot arthritis that he believes are secondary to his service-connected right knee disability.

The Veteran's claims of service connection for left and right shoulder disabilities, low back disability, obstructive sleep apnea, and hypertension have been denied.,Service connection is not granted as the evidence does not establish an in-service injury or disease that caused these conditions.

The Veteran's claims for service connection and increased rating have been granted. The right hand disability, lumbar disability, bilateral hearing loss, and insomnia are all found to be related to his military service.

The Veteran's appeal for service connection for bronchitis is dismissed. The Board has also remanded the issue of service connection for a low back disorder.

The Veteran's service-connected conditions rendered him incapable of maintaining substantially gainful employment from the period beginning February 4, 2017. TDIU is granted for this period.

The Board has decided to remand both the increased rating claim for a low back disability and the TDIU claim due to insufficient evidence of current severity of the Veteran's service-connected condition. The VA will obtain additional medical records, schedule the Veteran for an examination, and consider her claims again.

A higher rating of 10 percent is granted for service-connected hypertension. Service connection for psychiatric disability and back disability are granted, but left knee disability remains remanded. Other claims related to these issues are also remanded.

The Veteran's lumbosacral strain was granted a disability rating of 20 percent effective April 3, 2015. The right knee degenerative joint disease and left knee strain were also granted increased ratings.

The Board has found that the most recent VA examinations are too remote to assess the current severity of the Veteran's service-connected lumbar spine degenerative disc disease and PTSD. The claims are being remanded for additional development.

The Board has determined that the case must be remanded to obtain a Statement of the Case on claims for clear and unmistakable error (CUE) in rating decisions, obtain VA treatment records from October 2018 forward, arrange for VA examinations to assess cervical spondylosis with disc protrusion, neurological disabilities of the upper extremities, and TDIU claim, and readjudicate the service connection, disability ratings, and effective date claims.

The Veteran's service connection claim for degenerative disc disease of the spine is granted as her current diagnosis and symptoms are linked to her active duty service.

All appeals for service connection and increased ratings have been dismissed. The Veteran's appeal for obstructive sleep apnea, heart disorder, erectile dysfunction, and acquired psychiatric disorder is remanded.

The Veteran's initial ratings for left knee, right knee, and lumbar spine disabilities were denied. The Veteran’s right ankle disability was granted a rating of 20 percent effective February 3, 2016.