Back / lumbar spine decisions — 2018

The Board has remanded the cases for a VA examination to determine the severity of the Veteran's service-connected lumbar spine DJD and DDD, as well as an evaluation regarding entitlement to a higher than 20% rating.

The Board has remanded the case due to new and material evidence regarding two back injuries sustained during service, which may be related to the Veteran's current lower back disability.

The Board has remanded the Veteran's claims for service connection due to conflicting personnel records regarding his ACDUTRA period. The RO is instructed to verify the Veteran’s assertion of full-time ACDUTRA during November 1992 to July 1993 at Fort Buchanan, Puerto Rico.

The Veteran's appeals for higher ratings for IVDS of the cervical and thoracolumbar spine were denied as his disabilities did not meet or approximate the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claims for service connection for cold injury residuals of the hands and feet, as well as increased ratings for her low back disability, right knee arthritis, right knee instability, left knee disability, and left knee instability are all denied. The Board found that there is no current evidence of a cold injury or its residuals in the Veteran's case.

The Veteran's claims for service connection for headaches and sleep apnea, as well as his initial rating for MDD, ratings for right knee patellofemoral pain syndrome, left knee osteoarthritis, left knee instability, and degenerative disc disease of L5-S1 have all been denied. The Board found that new evidence did not establish a link between the Veteran's conditions and service.

The Veteran's claim for service connection for a chronic headache disorder is granted. The claims for higher initial ratings for his lumbosacral spondylolisthesis with degenerative disc disease and right lower extremity radiculopathy, as well as the adjustment disorder with mixed anxiety and depressed mood are remanded for further development. The Veteran's claim for a total disability rating based on individual unemployability is also remanded.

The Board has remanded the Veteran's claims for neck disability, right ear hearing loss, right shoulder bicipital tendonitis (right shoulder disability), right ankle strain, left ankle strain, right knee patellofemoral pain syndrome (PFS), left knee PFS, right elbow olecranon bursitis (right elbow disability), lumbar spine disability with Scheuermann's kyphosis (lumbar spine disability), right hip strain with limitation of extension and flexion, left hip strain with limitation of extension and flexion, bilateral pes planus, left ear hearing loss, and tension headaches. The claims are being remanded for additional development.

The Board has remanded the Veteran's claims for left shoulder, hip, and lumbar spine disabilities as well as his claim of entitlement to an increased rating for herpes simplex. The Veteran's psychiatric disability claim is also being remanded.

The Board has remanded the case due to insufficient examination and opinion regarding the relationship between the Veteran's lumbar spine disability and her service-connected hip disabilities.

The Veteran's appeals for increased ratings for DJD of the lumbar spine and bilateral pes planus have been dismissed because he withdrew his appeal in writing.

The Veteran's claim for an increased rating for his lumbar spine disability and associated left lower extremity radiculopathy is remanded due to the need for additional VA examinations.

The Veteran's combined disability rating is currently at 100%, but the Board finds that he has not been unemployable due to his service-connected disabilities, as evidenced by his continued employment and participation in vocational rehabilitation.

The Board has remanded the claims for additional development, including obtaining medical records and providing an addendum opinion regarding the service connection claim.

The Board has remanded several service connection claims due to insufficient evidence, including for an acquired psychiatric disability, cervical spine disability, lumbar spine disability, right foot disability, neurological disabilities of the upper extremities, and other issues. The appeal does not involve any service connection decisions.

The Veteran's tinnitus is found to be related to his military service.,Multiple issues regarding hip, knee, and ankle disabilities are remanded for further examination and opinion.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance due to his limited mobility, inability to perform daily activities independently, and the hazards inherent in his environment.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate examinations, incomplete evidence, and inextricably intertwined issues. The Veteran is required to provide medical records and undergo new VA examinations.

The Board granted an initial rating of 20 percent for lumbar spine degenerative disc disease prior to June 16, 2018 and a rating of 40 percent beginning June 16, 2018. The TDIU claim was also granted.

The Board has determined that the appellant's previously denied claim for service connection for a low back disability is granted and remanded due to new evidence received since the last final rating decision.