Back / lumbar spine decisions — 2019

The Board dismissed the Veteran's claims for service connection due to a lack of jurisdiction, as the appeal was filed before the implementation of the Appeals Modernization Act (AMA). The AMA requires that an appeal be filed after February 19, 2019.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is denied as the evidence does not show he is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's back disability is not rated higher than 40 percent due to lack of unfavorable ankylosis or incapacitating episodes.,Her right knee disability, including instability and limited flexion, does not meet the criteria for a higher rating.,Left total knee replacement is already at its maximum schedular rating.,The Veteran's history of dysplasia of the cervix and vagina warrants a 30 percent rating due to symptoms that cannot be controlled by continuous treatment.,Urinary incontinence requires absorbent materials changed more than four times per day, but does not meet criteria for higher ratings.

The Board has granted service connection for left knee small joint effusion with subcentimeter ruptured popliteal cyst, also claimed as a left knee sprain.,The Board has also granted service connection for lumbar spine degenerative disc disease (DDD), also claimed as a back condition.

The Veteran's claim for service connection for left little finger has been denied as there is no evidence of a current disability. The new evidence does not relate to the issue.,The Veteran's claim for service connection for injury right thumb has been readjudicated due to the submission of relevant evidence.

The Veteran's service-connected disabilities result in the need for aid and assistance on a regular basis to feed himself, keep himself clean and presentable, and protect him from the hazards or dangers inherent in his daily environment. As such, the claim for SMC based on the need for aid and attendance is granted.

The Veteran's claims for increased ratings and effective dates are being remanded due to outstanding medical records from Winter Park Hospital.

The Veteran's service-connected disabilities render him unemployable, and the Board has granted a TDIU based on this finding.

The Board has remanded the Veteran's claims for low back disability, left knee disability, and diabetes mellitus, Type II due to a lack of service treatment records. A VA examination is needed to determine the etiology of these conditions.

The Board has decided to remand the cases for further examination and to obtain relevant medical records.

The Board has decided to remand the Veteran's claims for a higher rating for degenerative arthritis of the lumbar spine and allergic rhinitis. The Veteran will need to undergo new VA examinations, and his increased rating claim for allergic rhinitis will be referred to the RO for issuance of a Statement of the Case.

The Board has remanded the claims for service connection for low back disability, acquired psychiatric disorder (including PTSD), and hepatitis C due to insufficient evidence. The Veteran is required to undergo VA examinations and provide additional information regarding his in-service stressors.

The Board has granted service connection for a lumbar spine disability and remanded the issue of service connection for a psychiatric condition, which is claimed as secondary to the lumbar spine disability.

The Veteran's claim for an increased rating for his lumbar spine disability and left lower extremity radiculopathy was granted, with a separate evaluation of 10 percent from August 2, 2013. The current ratings are based on the criteria set forth in VA’s Schedule for Rating Disabilities.

The Board has remanded the issues of service connection for cervical spine DJD and DDD, increased rating for right clubfoot with hammer toes and limited ankle motion since June 11, 2003, and TDIU prior to May 10, 2019. The Veteran is requested to provide release forms for relevant medical records and undergo VA evaluations.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's low back disability, specifically addressing the scar near his lumbar area and the Veteran's complaints of back pain in 1996.

The Board has remanded four issues related to the Veteran's service connection claims, including heart disability, asthma, lumbosacral strain, and cervical spine disability. The remand requests additional examinations for cardiac and orthopedic disabilities.

Your claims for an initial compensable rating for a chin scar, service connection for chipped teeth, and service connection for a low back disability have been dismissed as you withdrew your appeal.

The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment since his discharge from active duty in April 2005, and the Board has granted an effective date earlier than May 9, 2008 for the grant of TDIU.

The Veteran's thoracolumbar spine disability is rated at 40 percent, which is the maximum schedular rating for limitation of motion of the spine.,The radiculopathy of the left lower extremity is currently rated at 20 percent.,The psychiatric disability has been granted a 70 percent rating.