Back / lumbar spine decisions — 2019

The Veteran's appeal for a higher rating in excess of 20 percent for cervical spine degenerative arthritis and degenerative disc disease has been dismissed because the Veteran withdrew his appeal prior to the Board issuing a decision.

The Board has remanded the case due to inadequate examination and failure to address secondary service connection for the Veteran's lower back disability.

The Board has denied the claims for service connection for various conditions, including hearing loss, vertigo or Meniere’s disease, insomnia, conjunctivitis, cataracts, ulcers, headaches, right-hand and left-hand disabilities, squamous cell skin cancer, cholecystitis (claimed as a gallbladder disability), colitis, fibromyalgia, chronic fatigue syndrome, skin disability on the back, PTSD, right knee disability, lower back disability, left knee disability, hypertension, and GERD. The claims are denied as secondary to service-connected disabilities or due to in-service exposure.

The Board has remanded the case for additional examinations to determine the nature and etiology of various psychiatric, digestive, musculoskeletal, and skin conditions claimed by the Veteran. The claims will be reviewed again after these examinations.

The Veteran was granted a 20 percent rating for right lower extremity radiculopathy from May 12, 2017. The Veteran's left lower extremity radiculopathy received a 20 percent rating as well.,For the period prior to December 21, 2016, the Veteran was granted an initial 10 percent rating for his right forearm condition with painful motion and limitation of extension.

The Board has granted service connection for lumbar disc disease and related conditions, right lower extremity radiculopathy, left lower extremity radiculopathy, as well as the Veteran's bilateral knee and left shoulder conditions. The issues of service connection for left knee condition, right knee condition, and left shoulder condition are remanded.

The Veteran's back and knee disabilities are being remanded for additional examinations to determine their current severity.

The Board has determined that the Veteran's low back disability may be related to service, but there is insufficient evidence to establish a direct connection. The case is being remanded for further examination and opinion.

The Veteran's lumbar strain and left knee conditions have been granted initial ratings, with the lumbar strain receiving a 20% rating effective from November 6, 2003. The left knee conditions received separate ratings.

The Veteran's claim for service connection for a back condition has been reopened, and she is now granted service connection for lumbar spine arthritis. The bilateral plantar fasciitis claim is remanded due to the need for a new VA examination. The TDIU issue is also inextricably intertwined with the increased rating claim.

The Veteran's thoracic degenerative joint disease (back disability) is currently rated at 10 percent prior to September 5, 2016 and 20 percent thereafter. The claim for a higher rating is denied.,Since September 5, 2016, the Veteran's right heel scar has been rated at 10 percent. The claim for a higher rating is also denied.

The Board has decided that the Veteran's lumbar spine disorder and obstructive sleep apnea are not service-connected. The claims for these conditions have been remanded to obtain additional medical opinions.

The Board has granted service connection for hypertension and erectile dysfunction, but has remanded the cases of cervical spine disorder and lumbar spine disorder due to insufficient evidence.

The Board has decided that a new VA examination is needed to determine the nature and etiology of any low back disability, as the previous examination was inadequate.

The Veteran's service connection for right lower lumbar radiculopathy, temporary total rating based on the need for convalescence after March 16, 2012, and SMC based on the need for aid and attendance of his spouse have been withdrawn. The Veteran’s degenerative arthritis lumbosacral spine has been granted a 40 percent rating.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's lumbar spine conditions are related to service. The case will be sent back for a new VA examination and opinion.

The Board has remanded the cases for additional development due to inadequate examinations and inconsistencies in the examination reports.

The Veteran's TDIU claim for the period from May 23, 2016 to August 29, 2017 was denied as he was employed during this time and not in marginal employment. The right knee disability claim is remanded for a new VA examination.

The Board has reopened the Veteran's claims for service connection for lumbar spine, right knee, and left knee disorders due to new evidence received since the last denial. The claims are now remanded for further development.

The Board has denied the Veteran's claims of service connection for radiculopathy of the cervical spine, right upper extremity; radiculopathy of the cervical spine, left upper extremity; and degenerative disc disease cervical spine. The Board found that there was no evidence linking these conditions to active service.