Back / lumbar spine decisions — 2019

The Veteran's claims for chronic right middle finger, left hand, right hand, headache, lumbar spine, and right knee disorders have been denied as there is no evidence of a current disability or link to service.

The Veteran's claims for service connection for TBI and major depressive disorder have been dismissed as the May 2019 VA Form 10182 was not a valid Notice of Disagreement (NOD) filed prior to the issuance of rating decisions in August and October 2019.,The Veteran's claims for increased ratings for left shoulder bursitis with arthoplasty for rotator cuff repair with arthritis and intervertebral disc syndrome of the lumbar spine with degenerative arthritis have been dismissed as the May 2019 VA Form 10182 was not a valid NOD filed prior to the issuance of rating decisions in August and October 2019.

The Board has determined that further development is necessary for the Veteran's claims of service connection for left knee strain, low back disorder, and left hip disability. The AOJ must schedule VA examinations to determine the nature and etiology of these conditions. Additionally, a new examination is needed to assess the severity of the Veteran's service-connected left shoulder disability.

The Board dismissed the appeal due to the appellant's death, and no service connection was granted.

The Veteran's PTSD was granted a 70 percent rating prior to October 12, 2013. The Veteran's lumbar spine DDD was denied an increased rating in excess of 20 percent from February 23, 2009 to July 14, 2010.

The Board has remanded multiple issues related to the Veteran's service connection claims, including arthritis, diabetes mellitus, degenerative disc disease, gall bladder removal, colon cancer, kidney disability, heart disability, and an acquired psychiatric disability. The cases are being referred back for further examination and consideration of new evidence.

Prior to March 11, 2013, the Veteran's lumbosacral spine disability was rated at 20 percent.,From March 11, 2013 to January 18, 2016, the Veteran's lumbosacral spine disability warranted a rating of 40 percent.,Since January 19, 2016, the Veteran's lumbosacral spine disability has been rated at 20 percent.

The Veteran's left lower extremity radiculopathy is now rated at 60 percent, effective from May 23, 2017. The other conditions remain rated as they were prior to this decision.

The Board has remanded the case for further development, including obtaining a VA examination and considering extraschedular TDIU due to service-connected disabilities.

The Board denied the Veteran's claims for service connection for residuals of peritonitis and for increased ratings for thoracolumbar and cervical spine disabilities, as well as right upper and lower extremity radiculopathy due to lack of evidence of current disabilities.

The Veteran's right knee osteoarthritis is not rated higher than the current 10 percent due to lack of limitation of motion or instability.,Service connection for a lower back condition was denied as there is no evidence that it began during service and is not aggravated by a service-connected disability.,Service connection for bilateral hearing loss and tinnitus were also denied.

The Board has granted service connection for the Veteran's claimed left ankle, right knee, left knee, left hip, right shoulder, left shoulder, thoracolumbar spine with radiculopathy, and cervical spine disabilities based on a finding of in-service onset and credible reports of chronicity.

The Board has remanded the claims due to insufficient opinions regarding the etiology of the Veteran's lumbar disc fusion, paralysis, and cervical fusion.

The Board has granted service connection for an acquired psychiatric disorder, including PTSD and MDD. Service connection was denied for a low back disability and cervical spine condition.

The Board denied the petition to reopen the claim of service connection for a back condition, finding that new and material evidence was not submitted.

The Veteran's right ankle disability is granted a separate 10 percent rating, and TDIU is granted due to his service-connected disabilities preventing him from working.

The Veteran's hearing loss is currently rated as noncompensable prior to June 9, 2017 and at 20 percent from that date. The claim for increased rating remains denied.,The Veteran's right shoulder disability has not been service connected. The claim for reopening the previously denied service connection claim remains denied.,The Veteran's low back disability is rated as 20 percent disabling, but further development is needed to determine if a higher rating is warranted.

The Veteran's increased rating claim for PTSD, lumbosacral strain, and left foot scar were denied. The issue of service connection for tinnitus was remanded. Effective date claims for PTSD and lumbosacral strain were not addressed as the issues were not raised in the appeal.

The Veteran's claim for increased ratings and service connection was generally granted, with a specific rating of 20 percent for right lower extremity radiculopathy from June 6, 2019. Separate ratings were also granted for left lower extremity radiculopathy from March 19, 2013 to June 5, 2019 (10 percent), and from June 6, 2019 (20 percent). The Veteran's lumbar spine disability was rated as 40 percent disabling. Service connection for left knee and right knee disabilities were remanded.

The Board has granted service connection for lumbar spine disability, but the issues of service connection for uterine fibroid disability and stomach problems are being remanded due to insufficient evidence. The issue of service connection for anxiety disorder is also being remanded as it is inextricably intertwined with the other two issues.