Back / lumbar spine decisions — 2018

The Veteran's disability rating for his service-connected degenerative joint disease of the lumbar spine was reduced from 20% to noncompensable effective July 20, 2015. The reduction is now void and the Veteran's rating has been restored to 20%.

The Board has remanded the Veteran's claims due to new VA treatment records and examination findings that show symptoms not previously considered by the RO. The issues include increased ratings for low back disability, bilateral knee disabilities, and PTSD.

The Veteran's capsaicin cream is not used for a service-connected skin condition, so he does not qualify for a clothing allowance.

The Veteran's petition to reopen his claim of service connection for a low back disability has been granted. The claims for increased ratings and TDIU are still pending.

The Board has remanded the Veteran's claims for cervical spine disability, lower extremity disability as secondary to low back disability, right and left knee disabilities, special monthly compensation based on housebound status or need for aid and attendance of another person, and a certificate of eligibility for specially adapted housing. The claims are being remanded due to lack of recent VA examinations assessing the current severity of her service-connected disabilities.

The claim of service connection for a lumbar spine disorder is reopened and remanded due to the need for an examination. The claims for coronary artery disease, hypertension, and psychiatric disorders are also remanded as they are inextricably intertwined with the reopening of the lumbar spine claim.

The Veteran's claim for residuals of bilateral tibial stress fractures has been reopened and granted.,Service connection was also granted for right and left knee patellofemoral syndrome and degenerative joint disease.

The Board denied service connection for low back, left knee, and right knee disabilities. The Veteran's PTSD was granted a rating of 70 percent.

The Board has granted service connection for lumbosacral strain, finding that the evidence is at least evenly balanced as to whether the Veteran's back pain existed during service and was thus incurred coincident with service.

The Veteran's appeal to reopen claims for hypertension, residuals of a right wrist injury, and residuals of a left leg laceration was granted. Claims for low back disability and left knee disability were denied as new and material evidence did not relate the disabilities to service.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete records, need for further examinations, and other procedural issues. The claims will be adjudicated again after all requested information is obtained.

The Veteran's claims for service connection were denied due to lack of evidence demonstrating the presence or onset of the claimed conditions prior to February 16, 2016.,An effective date prior to February 16, 2016, was not granted as there is no indication that radiculopathy or a right knee disorder existed before this date.

The Board has granted service connection for bilateral shoulder osteoarthritis, right clavicle disability, degenerative disc disease of the cervical spine, and right wrist CTS. Service connection for a neck injury and a bilateral leg disability is also granted.

The Board found that the reduction from 60 percent to 40 percent for lumbar spine IVDS was proper, effective June 1, 2015.

The Veteran's appeals for increased ratings were dismissed due to his death.

The Veteran's appeal for special monthly compensation prior to June 11, 2012 was denied as he did not have a single service-connected disability rated at 100 percent or permanently housebound due to service-connected disabilities.

The Veteran's appeal for special monthly compensation prior to June 11, 2012 was denied as he did not have a single service-connected disability rated at 100% and there is no evidence of housebound status due to service-connected disabilities.

The Veteran's lumbar spine disability was granted an increased rating of 40 percent for the period prior to March 15, 2017. For the period beginning March 15, 2017, a higher rating in excess of 40 percent is denied.

The Veteran's appeals for increased evaluations of his service-connected low back disability, left leg radiculopathy, and right leg radiculopathy have been dismissed. The Board has also remanded the issues of service connection for a neck disability and neurological disabilities of the upper extremities.

The Board has decided to remand the claims for low back disability, left knee disability, and right knee disability due to the need for further evidentiary development. The RO is instructed to obtain National Guard records, VA treatment records from South Texas Veterans Health Care System, and private treatment records from Dr. TAC.