Back / lumbar spine decisions — 2019

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and evaluations.

The Board has remanded the Veteran's claims for higher ratings and service connection due to insufficient examination reports, conflicting evidence regarding severity of disabilities, and lack of discussion on changes in severity throughout the appeal period.

The Veteran's claims for a compensable evaluation for migraine headaches and an evaluation greater than 20 percent for lumbar strain have been denied. The Board found that the evidence did not support these increased ratings.

The Board has found that further development is necessary for the claims of service connection for lumbar spine, cervical spine, and left hip disabilities. The Veteran must be provided with VA examinations to determine the etiology of his claimed conditions and whether they are related to service.

The Board denied service connection for a low back disorder, finding no evidence to connect the current condition to service.

The Veteran's service-connected disabilities, including major depressive disorder and recurrent low back strain with degenerative changes, have rendered him unable to secure or follow a substantially gainful occupation. A total disability rating due to individual unemployability is granted.

The Board has granted service connection for a right hip disability, status post hip replacement. The claims of bilateral lower extremity radiculopathy secondary to back pain (originally claimed as neuropathy due to diabetes mellitus type II), bilateral ankle condition, bilateral foot condition, and hiatal hernia are remanded.

The Veteran's increased disability evaluation for his service-connected degenerative joint disease of the thoracolumbar spine and severe scoliosis is being remanded due to a duty to assist error in prior examinations.

The Veteran's appeal for service connection of hypertension, left carpal tunnel syndrome, and lumbosacral degenerative disease was granted as his substantive appeal was received within 60 days of the RO notifying him that he did not receive a December 27, 2016 SOC.

The Veteran's appeal was found to be timely, and the Board granted service connection for PTSD, a low back condition, a heart condition, and psychosis.

The Veteran's claim for a higher rating for his service-connected chronic back strain with degenerative disc disease of the lumbar spine is granted, effective from October 10, 2007. The issue of entitlement to TDIU is remanded.

The Board has remanded the case due to an inadequate examination in determining whether the Veteran's service-connected right knee disability aggravated his back condition. The Veteran needs a new VA examination to address this issue.

The appeal of the denial of an increased rating for hearing loss is dismissed.,The petition to reopen the claim of service connection for low back disability, left eye disability, and skin disability are granted. Service connection for left eye disability is also granted.,Entitlement to service connection for depressive disorder, vascular disease including hypertension, Raynaud's syndrome, headaches, low back disability, neuropathy of the left lower extremity, neuropathy of the right lower extremity, and a compensable rating for right forehead scar are remanded.

The Veteran's appeal is remanded for additional development and examination due to the complexity of his lumbar spine disability, including its impact on his left lower extremity radiculopathy.

The Veteran's representative withdrew his appeals for all issues related to service connection, including right elbow condition, low back disorder, bilateral knee disability, bilateral leg conditions, and hypertension.

The Veteran's service-connected low back disorder and right lower extremity disability are rated, but the Board finds additional evidence is needed to determine if these conditions prevent him from securing or following substantially gainful employment.

The Board has granted service connection for the Veteran's cervical spine disability, characterized as degenerative disc disease and arthritis. The decision also grants service connection for residuals of burns to the eyes but remands the issue of service connection for dry eye syndrome.

The Board has remanded the cases for additional development due to inadequate medical opinions regarding whether the Veteran's service-connected left knee disability caused or aggravated his right knee and back disorders.

The Board denied an increased rating for the Veteran's lumbar spine disability, finding that his forward flexion did not limit to less than 30 degrees and there was no evidence of ankylosis or other functional loss. The Veteran is therefore not entitled to a schedular rating in excess of 20 percent.

The Veteran's low back disability is rated at 20 percent prior to July 19, 2017, and at 40 percent thereafter. The Board has found that the current VA examinations do not comply with the requirements in Correia v. McDonald (2016) and Sharp v. Shulkin (2017), and thus a new examination is needed.