Back / lumbar spine decisions — 2019

The Board has remanded the claims for right knee, left knee, right humerus, back, right ankle, left ankle, bunions of the bilateral feet, hammertoes of the right foot, hammertoes of the left foot, and pilonidal cyst conditions due to outstanding medical records from Kaiser Permanente and SSA records.

The Board has remanded the issues of termination of TDIU, severance of service connection for PTSD and fibromyalgia, reductions in ratings for peripheral neuropathy and lumbar disc desiccation, and termination of SMC based on housebound status. The reasons for this are to obtain additional OIG reports.

The Board has dismissed the Veteran's appeals for service connection for obstructive sleep apnea and Traumatic Brain Injury (TBI) due to her withdrawal of those claims during a July 2019 hearing. The remaining issues have been remanded.

The Board dismissed the claim of service connection for skin cancer as it has been granted and rendered moot. The remaining issues of service connection for lumbar spine disorder, prostate disorder, bilateral upper extremity peripheral neuropathy, and bilateral lower extremity peripheral neuropathy are remanded.

The Board has remanded the claims of service connection for bilateral hearing loss, lower back disability, migraines, hepatitis C, and a bilateral hip disability due to conflicting evidence and lack of clear medical opinions.

The Board has granted the Veteran's request to reopen her previously denied claim for service connection for a neck disorder. The issues of service connection for ulcers, GERD, and status post cholecystectomy have been remanded due to new evidence received since the last denial.

The Veteran's chronic lumbar sprain was granted a rating of 40 percent effective October 24, 2014. The right knee plica syndrome and PTSD were both denied.

The Board has remanded the cases for further development due to missing service records and to obtain a medical opinion regarding the etiology of the Veteran's cervical spine and right upper extremity/hand disorders.

The Board has remanded the claims for further development and medical examination to determine the nature and etiology of any neck and lower back disorders.

The appeal for burn injury residuals of the right and left hands is dismissed. The claims for service connection for knee, ankle, and low back disorders are reopened and remanded due to new evidence submitted by the Veteran.

A rating of 20 percent for degenerative disc disease of the lumbar spine effective July 31, 2013 is granted.,A rating of 10 percent for right leg radiculopathy effective on July 31, 2013 instead of July 18, 2019 is granted.,A rating of 10 percent for service connection for left leg radiculopathy, secondary to back condition, effective July 31, 2013 is granted.,The case is REMANDED for the following actions: obtain complete VA and non-VA treatment records; arrange for a VA examination to determine the current severity and impact of his service connected back and radiculopathy in both legs conditions.

The Veteran's back disability is currently rated at 10 percent from March 29, 2011. The Board has granted a 10 percent rating for the period prior to March 10, 2017 and remanded the issue of entitlement to an increased rating as well as TDIU.

The Veteran's right upper extremity cervical radiculopathy was granted a 70 percent rating from September 9, 2019. Prior to that date, the Veteran received a 20 percent rating.

The Veteran's lumbar spine disability is denied for ratings in excess of the currently assigned 10% and 20% prior to April 4, 2016 and from April 4, 2016 to March 22, 2019 respectively.

The Board has denied service connection for back disability, acquired psychological disability (other than PTSD), sleep apnea, left knee disability, and right knee disability as there is no evidence of current disabilities during or after service.

The Board has reopened the Veteran's claim for service connection of a low back disability and granted it, finding that there is at least equipoise evidence to support the claim.

The Board has decided to remand the Veteran's claim for a lumbar spine disability with radiculopathy due to incomplete medical records and the need for an examination.

The Veteran's claim for an effective date prior to November 21, 2018 for the grant of service connection for right femoral radiculopathy was denied.,The Veteran's claim for a rating in excess of 10 percent for right femoral radiculopathy was denied.,The Veteran's claim for a rating in excess of 20 percent for his back disability was denied.

The Board has restored service connection for PTSD, low back degenerative disc disease status post laminectomies, left and right lower extremity radiculopathy. The Veteran's other claims are remanded.

The Board has remanded the case due to an inadequate opinion from a VA examiner regarding the relationship between the Veteran's low back disability and his service. The examiner is asked to provide more detailed opinions on whether the Veteran's current back disabilities are related to his military service, including secondary to his service-connected bilateral knee disabilities.