Back / lumbar spine decisions — 2018

The Veteran's service-connected degenerative disc disease/degenerative joint disease of the lumbar spine with spondylosis and lordosis has not resulted in limitation of motion to a degree warranting an increased rating, and therefore his claim for an initial disability rating in excess of 20 percent is denied.

The Veteran's back condition is rated at 20 percent, which is the maximum schedular rating available. The PTSD claim has been granted with a 50 percent rating.

The Veteran's claims for various conditions and disabilities are being remanded due to the need for additional development, including obtaining Social Security Administration records.

The Board has remanded the Veteran's claims for low back disability, erectile dysfunction, and acquired psychiatric disability (anxiety disorder), as well as his service-connected foot disabilities and sleep disorder. The AOJ is instructed to obtain additional evidence, including VA and private treatment records, and schedule the Veteran for a VA examination.

The Board dismissed the Veteran's claims of service connection for various conditions, including right shoulder arthritis, bursitis, tendonitis, bone spurs of the cervical spine, herniated disc of the lumbar spine, DJD of the left knee, residuals of a head injury with concussion/TBI, migraine headaches, and Alzheimer's disease and memory loss. The Veteran withdrew his appeal for these issues during a videoconference hearing.

The Board has granted the Veteran's application to reopen his claim for service connection of a lower back condition. The case is remanded for further development regarding other issues including increased rating for migraine headaches and left ear hearing loss.

The Board has decided to remand the case due to conflicting medical records and a need for clarification on the nature of the Veteran's current low back disability, including whether it had its onset in service.

The Veteran's GERD is currently rated at 10 percent, and the Board finds no evidence of symptoms warranting a higher rating.,For his lumbar spine disability, the Veteran was previously rated at 10 percent prior to October 21, 2016. From that date forward, he has been rated at 40 percent. The Board concludes that neither period warrants a higher rating.

The Board has decided to remand the case due to new evidence received, and a supplemental medical opinion is needed to determine if the Veteran's current low back disability is related to his service.

The Veteran's medical expenses for July 14, 2016 were approved because her severe back pain and sciatic pain required immediate emergency care at a non-VA facility due to the lack of feasible VA options.

The Veteran's appeals for increased ratings for his service-connected lumbar spine strain, right hip osteoarthritis, left hip osteoarthritis and femoral acetabular impingement, and limited extension of the left hip have been dismissed as he has withdrawn these claims.

The Veteran's claims for left foot disability and lumbar spine disability, both related to his service-connected right foot disability, were denied as the evidence did not support a finding that these conditions are proximately due to or aggravated by the service-connected right foot disability.

The Board has remanded the Veteran's claims of service connection for various orthopedic conditions, including left elbow, right elbow, low back, left knee, and right knee conditions. The reasons include insufficient medical opinion regarding the etiology of these conditions and a need for further examination to address the Veteran's lay statements about chronic symptoms since service.

The Veteran's right-sided sciatica and radiculitis have been granted a disability rating of 40 percent, but no higher. The Veteran’s low back disability has been remanded for further evaluation.

The Veteran's appeal for an increased rating for thoracolumbar strain is remanded due to the need for a new VA examination and additional development of his claims file.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's current lumbar spine disorder is related to service. The claim will be returned for further development and an opinion on this matter.

The Board has determined that the service connection for DJD of the thoracolumbar spine should be restored, as there is conflicting evidence regarding whether the condition was incurred during service or preexisted.

The Veteran's right knee condition is rated at 20 percent since February 16, 2012. The Board has granted special monthly compensation based on the need for regular aid and attendance of another person.,The claim for a higher rating for the right knee condition prior to February 16, 2012, is dismissed as the Veteran's highest disability rating was 40 percent from May 14, 2010.

The Veteran's service-connected disabilities, including PTSD and bilateral knee disorders, rendered him unable to work in any active or sedentary position he might have been able to obtain with his background. The Board has granted an effective date of January 19, 2011 for the TDIU.

The Board has denied the Veteran's claims of service connection for a right shoulder disability, lower back disability, and psychiatric disorder. The evidence does not support finding that any current disabilities are related to military service.