Back / lumbar spine decisions — 2019

The claim of service connection for a respiratory condition, including COPD, is reopened and remanded. The claim of service connection for a lower back condition is also remanded.

The Board has remanded the Veteran's claims of service connection for various musculoskeletal disorders, including cervical and lumbar spine disorders, bilateral ankle, hip, knee, shoulder, and wrist disorders. The VA examinations are needed to address continuity of symptomatology since service.

The Veteran is granted a TDIU based on his service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, degenerative disc disease of the lumbar spine, degenerative disc disease of the cervical spine. The effective date for this award will be determined by the AOJ.

The Veteran's lumbar strain, left lower extremity radiculopathy (sciatic nerve), and right shoulder acromioclavicular joint separation are each rated at 20 percent. The initial rating for the left knee strain is also granted at 20 percent.

The Board has denied the Veteran's petitions to reopen claims for service connection of back disorder, cervical spine disorder, bilateral knee disorder, and bilateral hearing loss due to lack of new and material evidence.

The Board has remanded the Veteran's claims for service connection for left shoulder, low back, and neck disabilities due to a lack of substantial compliance with previous remand directives. The claims are now pending again.

The Board has determined that the June 2019 VA medical opinion is inadequate and requires another remand for further development, including obtaining updated treatment records and a new examination to determine if any previously or currently diagnosed lumbar spine disorder arose during periods of active duty or ACDUTRA.

The Veteran's service connection claims for leg length discrepancy, back disability, and bilateral hip disabilities are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Board has determined that the Veteran's service-connected disabilities, including lumbar spine degenerative joint disease, duodenal ulcer with Barrett's esophagus and GERD, bilateral hearing loss, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation. As such, TDIU on an extraschedular basis is granted.

The Veteran withdrew his appeal for service connection of lumbar spine degenerative joint disease and degenerative disc disease, which was secondary to a service-connected right thigh gunshot wound.

The Board has remanded several issues for further development, including service connection claims and the reopening of a tinnitus claim. The tobacco use disorder claim is denied as there is no evidence it is related to active service other than in-service cigarette smoking.

The Veteran's bilateral pes planus was granted a rating of 30 percent effective March 14, 2017. The left knee disability and right knee disability were both denied higher ratings. The back disability was also denied higher ratings.

The Board has denied service connection for left knee, right knee, low back, and left ankle conditions due to a lack of evidence showing current disabilities or any nexus between the claimed conditions and service.

The Veteran's degenerative joint disease of the thoracolumbar spine is rated at 40 percent, which is the highest schedular rating for limitation of motion. The condition does not meet criteria for ankylosis or incapacitating episodes.

The appeal regarding service connection for a back condition is dismissed. The appeal regarding entitlement to service connection for neuropathy is remanded.

The Veteran's lower back condition and PTSD claim are remanded for further development, including new VA examinations to assess the severity of his disabilities and determine their etiology.

The Board has remanded the issue of TDIU due to the inextricably intertwined issues of service connection for acquired psychiatric disorder, sleep condition and memory loss. The Veteran's current combined evaluation is at 60 percent.

The Veteran's claim for service connection for PTSD was reopened, and it is now granted. Other claims were denied or remanded.

The Board has remanded the claims for service connection due to insufficient evidence and because they are inextricably intertwined. The Veteran needs to provide updated medical records from his VA treatment.

The Board denied the Veteran's claims for a permanent and total disability rating for PTSD and a back disability, finding that his symptoms did not meet the criteria for such ratings.