Back / lumbar spine decisions — 2019

The Board has remanded the claims of service connection for bilateral hearing loss and a back condition due to insufficient consideration of lay evidence, including the Veteran's statements about in-service symptoms. The claims are being returned for further action.

The Veteran's claims for right knee strain, left leg radiculopathy, and degenerative disc disease lumbar spine status post four back surgeries have been granted. The claim for right leg radiculopathy is being remanded.,Service connection has been granted for the Veteran’s degenerative disc disease lumbar spine, status post four back surgeries and left leg radiculopathy as secondary to his service-connected back disability.

The Veteran's claims for heat stroke residuals, back disorder, and bilateral arm disorder are denied as there is no current disability related to these conditions.

The Board has remanded the case due to an inadequate opinion regarding whether the Veteran's degenerative joint disease of the lumbar spine is related to his service-connected left knee disability.

The Veteran's left knee disability was rated at 30 percent prior to December 4, 2018 due to limitation of motion. A higher rating is denied.,The Veteran's lumbar spine disability has been rated at 20 percent since May 1, 2011.

The Board has remanded the Veteran's claims for service connection for migraine headaches, left foot disorder, and right foot disorder due to conflicting evidence or lack of a nexus.

The Veteran's claims for increased ratings for GERD, right heel calcaneal spur, and low back strain from October 20, 2011 to November 6, 2015 were denied. The claim for an increased rating for the low back strain from November 6, 2015 was also denied.

The Board has remanded the case for further development due to a lack of information regarding functional loss during flare-ups and repeated use over time.

The Veteran's service-connected conditions do not meet the criteria for financial assistance for an automobile and adaptive equipment or adaptive equipment only, as he does not have loss of use of a lower extremity.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development of the record.

The Board has remanded the claims for an initial compensable rating for bilateral hearing loss, erectile dysfunction, and service connection for a back disorder and vertigo due to additional evidence received after the November 2018 statement of the case. The Veteran's prostate cancer status post prostatectomy is also being examined.

The Board has decided to remand the case due to incomplete records and insufficient examination. The Veteran's service connection claim for a back disorder will be reconsidered with additional evidence.

The Veteran's lumbar spine disability is rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that the disability does not meet or more nearly approximate the criteria for a higher evaluation.

The Board has remanded the Veteran's claims for service connection and increased rating of various disabilities due to the submission of new evidence. The AOJ is instructed to review the claims based on all available evidence, including the newly associated VA medical records.

The Veteran's claim for a higher rating for his lumbar spine disability is denied. Separate ratings of 20% and 10% are granted for radiculopathy of the left and right lower extremities, respectively, effective from August 1, 2019. The claim for TDIU during the period April 4, 2013 to July 11, 2014 is denied.

The Board has determined that the Veteran's migraine headaches, cervical spine disability, lumbar spine disability, right leg disability, left leg disability, and right foot disability are not service-connected due to lack of evidence showing a direct relationship between these conditions and his military service.

The Board has determined that the claims of service connection for lumbar-spine disorder, right-knee disorder, left-knee disorder, cervical spine disorder (to include as secondary to service-connected left-shoulder disorder), and increased disability evaluation in excess of 20 percent for a left-shoulder disorder need further examination and opinion.

The Veteran's DDD of the lumbar spine was granted a 40% rating from December 1, 2016. A temporary total convalescent rating was also granted for his back surgery from June 8, 2018 to July 31, 2018.

The Veteran's claim for service connection for a low back disorder was reopened and granted. Service connection for degenerative disc disease of the lumbar spine is denied, as it is less likely than not related to service. The Veteran's bilateral foot arthritis remains remanded for further examination.

The Board has denied the Veteran's claims for service connection for a right knee injury, patella fracture, post-operative and remanded the issues of service connection for stomach condition and lumbar spine disability. The case is now being returned to the RO for further development.