Back / lumbar spine decisions — 2018

The Veteran's claims for low back, left knee, and right knee disabilities have been reopened. The appeal is granted to this extent only.

The Board has determined that additional development is necessary due to the Veteran's assertions of current bilateral ear, gynecological and hearing loss disabilities incurred during active duty.

The Veteran's appeals for service connection for a left knee disability, an increased evaluation for unspecified depressive disorder, and TDIU prior to September 1, 2016 have been dismissed. The case is remanded for further development regarding the left knee disability.

The Veteran's low back disability is currently rated at 20 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating. The Veteran’s low back disability has been characterized by forward flexion limited to 35 degrees and radiculopathy of the bilateral lower extremities (sciatica).

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's current low back disorder and her service, including a possible injury in 1986. The VA needs to conduct an examination and provide an opinion on this issue.

The Veteran's claim for service connection for a back disorder was reopened and granted, with an initial disability rating of 70 percent effective October 25, 2017.,The Veteran is also granted TDIU on a schedular basis due to her service-connected disabilities.

The Board denied service connection for various conditions, including low back disorder, right hip and knee disorders, bilateral foot disorder, acquired psychiatric disorder (presumed due to service connection), peripheral neuropathy of the lower extremities, and dental disorder. The decision also noted that there was no evidence linking these conditions to service.

The Veteran is unable to obtain and maintain substantially gainful employment due to his service-connected lower back disability, which has resulted in moderate to severe pain, stiffness, weakness, and functional impairment. The Board finds that the Veteran's symptoms prevent him from performing any type of work.

The Board has decided to remand the case due to a duty to assist error, and requires a VA examination for further evaluation of the Veteran's lumbar spine disability.

The Veteran's service-connected back disability was found to not meet the criteria for a higher rating, as it did not result in limited range of motion or other disabling symptoms warranting an increased rating.

The Veteran's bilateral shoulder sprains and thoracolumbar degenerative joint disease prior to May 4, 2013 were not found to meet the criteria for a higher rating.,The Veteran's knee disorders and right foot calluses since May 4, 2013 are remanded for further examination.

The Board has remanded four claims for service connection due to insufficient opinions in the VA examination reports. The Veteran's low back disorder, psychiatric condition, and peripheral neuropathy of both lower extremities are all being reviewed.

The Veteran's appeal for an initial rating in excess of 10 percent for TBI was dismissed.,The Veteran's appeal for a higher rating for migraines prior to April 2018 was denied, but he received a grant of a 50% rating for migraines from that date onwards.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current back disorder with sciatica is related to her service. Additional VA treatment records and an addendum opinion are needed.

The Board has remanded several issues including service connection for bilateral hearing loss, recurrent tinnitus, and neurological impairment of the lower extremities. The TDIU claim is also remanded.

The Board dismissed the appeal for service connection of a low back disorder as moot because it was granted by the RO in September 2016.,Service connection for a right shoulder disorder is denied due to lack of evidence linking current condition to military service.

The Veteran's claims for higher initial ratings for his left and right knee disabilities, as well as for a thoracolumbar spine disability, are being remanded due to the need for additional examinations and proper notification of the appeal process.

The Veteran's allergic rhinitis is granted as service-connected, and his thoracolumbar spine disability remains at a 20% rating.

The Veteran's service connection claims for cervical and lumbar spine degenerative disc disease, scars on the left hand, allergic rhinitis, asthma, COPD, sleep apnea, heart condition, and GERD have been denied. The VA has ordered additional examinations to address these issues.,The Veteran is not entitled to service connection for his claimed conditions as there is no evidence of a nexus between his current diagnoses and active service.

The Veteran's claim of service connection for bilateral hearing loss is denied as he does not have a current disability.,Service connection for lumbar spine disability, emphysema, obstructive sleep apnea, and diabetes mellitus, type II are all denied. The Board finds that the evidence does not support a finding that these conditions were incurred in service or otherwise related to service.