Back / lumbar spine decisions — 2018

The Veteran's claim for an increased disability rating for degenerative joint disease of the thoracolumbar spine was denied, as his condition does not meet the criteria for a higher rating. The claim for TDIU was also denied due to the Veteran’s ability to secure and follow a substantially gainful occupation.

The Board has determined that the VA examiner's opinion on the relationship between the Veteran's service-connected disabilities and his obstructive sleep apnea is inadequate. The case is therefore being remanded for further development.

The Veteran withdrew his appeals for service connection of low back disability, right knee disability, and bilateral hearing loss.

The Board has remanded the cases for further development due to allegations of functional impairments related to pain, which may require separate assessments of the involved joints.

The Board has remanded the cases due to inadequate VA examinations and the need for an extraschedular consideration based on sleep impairment.

The Board has remanded the case due to inadequate examination reports and requested a new VA spine examination. The TDIU claim is also pending and will be readjudicated after the spine examination.

The Veteran's claims for bilateral shin splints, bilateral knee disability (to include as secondary to bilateral shin splints), low back disability (to include as secondary to bilateral shin splints), bilateral hip disability (to include as secondary to bilateral shin splints), right shoulder condition, and upper back/neck disability have been remanded due to the need for additional examinations.,The Veteran's service connection claims are currently pending on a secondary basis to his previously denied claims of bilateral shin splints.

The Board denied service connection for a low back condition, right foot numbness, and an acquired psychiatric disorder. The Veteran's current conditions are not related to her period of active duty service.,Service connection was also denied for a neck condition as the evidence does not establish that it is related to her military service.

The Board's June 2017 decision denying an increased rating for lumbar spondylosis in excess of 20 percent is being remanded due to inadequate examination. The Veteran needs a new VA examination to assess the severity of his lumbar spine disability, including during flare-ups.

The Veteran's request for an extension of the temporary total disability rating beyond September 1, 2010 for his back disability is denied. The claim for a higher rating than 40 percent for lumbar strain (back disability) effective September 1, 2010 is also denied. A separate 10 percent rating for right lower extremity radiculopathy as a neurological manifestation of the service-connected back disability is granted starting from November 21, 2017.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various disabilities, including a low back disability, right knee disability, left knee disability, bilateral pes planus, and an acquired psychiatric disorder (PTSD). The VA treatment records from April 2013 to the present must be obtained. A VA examination will also be conducted to determine the etiology of any acquired psychiatric disorders.

The Board denied service connection for scoliosis of the lumbar spine, bilateral hearing loss, and hypertension. The Veteran's acquired psychiatric disorder was also not granted service connection.,Service connection for tinnitus remains pending as it is currently rated at 10%.

The Veteran's claims for service connection for a back disability and major depressive disorder with psychotic features have been granted. However, the Board found that there is no evidence of a current disability related to service.

The Board has decided to remand the Veteran's claims for tinnitus, L5-S1 degenerative disc disease with foraminal stenosis (claimed as back injury), and radiculopathy, right lower extremity. The decision will be reconsidered after obtaining updated VA treatment records and clarifying the due process issues.

The Veteran's service-connected low back disorder and associated radiculopathies have been granted a rating of 20 percent, effective from March 27, 2006, to October 8, 2008, for the former period. Since January 1, 2009, he has received a 20 percent rating for his low back disorder and a 10 percent rating for each of his lower extremity radiculopathies.

The Board denied the petitions to reopen claims for service connection for a low back disability and right leg numbness secondary to a low back disability, finding that new and material evidence was not submitted.

The Board has decided to remand the Veteran's claims for service connection for a back disability and right knee disability due to incomplete development of records, including VA treatment records and deck logs from USS Valdez. The Veteran is also entitled to a new VA examination.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current low back disorders, as the medical evidence does not show a nexus between service and the Veteran's present condition.

The Veteran's right shoulder disability is currently rated at 30 percent, which is the maximum rating under Diagnostic Code 5203. The lumbar spine disability remains at a 10 percent rating.

The Veteran's appeal for higher ratings for lumbosacral strain was denied. The Board found that the evidence did not support staged initial ratings in excess of 10 percent from June 12, 2008 through February 16, 2009 and 40 percent from February 17, 2009 through December 31, 2010. The Veteran's appeal for a staged initial rating in excess of 10 percent from January 1, 2011 through February 1, 2017 was also denied.