Back / lumbar spine decisions — 2018

The Veteran's claims for increased ratings for his low back and bilateral hip disabilities are being remanded due to the need for additional examinations to assess the severity of these conditions.

The Veteran's low back disability has not been characterized by the required range of motion for a higher rating, and therefore her claim for a higher rating is denied.

The Veteran's claim for service connection for PTSD was granted, with a disability rating of 50 percent. Other claims were either denied or remanded.

The Board denied service connection for neck disability, back disability, bilateral hip disability, and brain tumor (including seizure disorder and anosmia) due to lack of evidence showing these conditions were incurred or aggravated during active duty service. The presumption of exposure to contaminated water at Camp Lejeune was applied, but the Veteran did not have a compensable degree of arthritis within one year after separation from service.

The Veteran's claim for a higher rating for bilateral pes planus is remanded. The issues of service connection for back and leg disabilities are also referred to the AOJ.

This decision denies service connection for right shoulder rotator cuff syndrome and remands the issues of initial disability ratings for thoracolumbar degenerative disease with scoliosis, PTSD, left shoulder rotator cuff syndrome, a right hip condition secondary to thoracolumbar condition, a left hip condition secondary to thoracolumbar condition, and cervical strain. The Veteran's service-connected conditions are not related to his military service.,PTSD symptoms have been rated at 50 percent since April 21, 2011, with no evidence of occupational and social impairment that would warrant a higher rating.

The Board has remanded several issues related to the Veteran's traumatic brain injury, including separate compensable ratings for various associated conditions. The examination is needed to clarify whether these conditions are residuals of the service-connected traumatic brain injury and to determine their severity.

The Veteran withdrew her appeals for all the listed issues, and the Board has dismissed them.

The Veteran's lumbar spine disorder and radiculopathy of the left lower extremity are rated at 20 percent, but no higher. The lumbar spine disorder is currently rated as 20 percent disabling from February 17, 2015.

The Veteran's appeal for increased ratings and individual unemployability was denied. The Board found that the evidence did not meet the criteria for a higher disability rating for his service-connected lumbar spine and psychiatric disabilities.

The Board has decided to remand the Veteran's claims for cervical and lumbar spine disorders due to incomplete records, requiring further examination and medical opinions.

The Veteran's claim for increased ratings for his lumbar spine compression fracture disability and TDIU was denied. The disability is currently rated at 40 percent, effective March 7, 2012.

The Veteran's claim of service connection for a back condition, claimed as lumbar spondylosis and degenerative disc disease, is granted. The Board found that the evidence did not establish a nexus between his current disability and service.

The Board denied service connection for low back and neck disabilities, finding that the evidence did not support a link between these conditions and active military service.

The Veteran's appeals for increased ratings and service connection were denied as a matter of law due to his failure to report for scheduled examinations. The claims are being remanded for further action.

The Board has decided to remand the Veteran's claims for increased ratings due to insufficient evidence from previous VA examinations. The Veteran will need new evaluations and treatment records.

The Veteran's request to reopen his service connection claim for a low back disorder was granted. However, the claim for service connection itself remains denied.,Service connection for hepatitis C is also denied as there is no evidence linking it to active military service.

The Board has determined that the Veteran's claims for depressive disorder, bilateral hip disorder secondary to service-connected disabilities, a rating higher than 20 percent for left foot plantar fasciitis, and TDIU are remanded due to insufficient evidence. The lumbar spine disability claim is also remanded.

The Veteran's PTSD with alcohol abuse is rated at 70 percent, effective from the date of this decision.,His lumbar DJD and DDD are currently rated at 20 percent.

The Board has decided to remand the claims of service connection for a back disability, right knee disability, and left knee disability due to new evidence received since the last supplemental statement of the case.