Back / lumbar spine decisions — 2019

The Veteran's lumbosacral strain and IVDS of the thoracolumbar spine are now rated at 60 percent, effective November 8, 2018. Peripheral neuropathy of both lower extremities is granted with specific ratings.

The Board has determined that there are outstanding private medical records relevant to the Veteran's claims and has ordered their retrieval. The Veteran is also asked to provide any additional private medical records from her providers.

The Board has remanded the case due to missing documents and a need for a new VA medical opinion regarding whether the Veteran sustained additional disability to his lumbar spine due to carelessness or negligence during a November 2010 VA examination.

The Board has remanded the claims for right ankle disorder, cervical spine disorder, and back disorder (claimed as a back disorder) due to insufficient evidence.

The Veteran's service-connected lumbar spine disability and depressive disorder are found to be the proximate cause of his obstructive sleep apnea, which is granted as secondary to these conditions.

The Veteran's service-connected thoracolumbar spine disability and PTSD have been granted increased ratings, with the thoracolumbar spine receiving a 40% rating.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and thus denied his claim for TDIU.

The Board has denied service connection for obstructive sleep apnea and remanded the issue of whether a low back condition is aggravated by service-connected bilateral knee disabilities. The case must be returned to the RO for further development.

The Veteran's low back disability, right lower extremity myelopathy, and left lower extremity radiculopathy have been granted increased ratings. The 40 percent rating for the low back disability has been restored from April 1, 2015 to July 18, 2016.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and degenerative disc disease with stenosis of the lumbar spine, finding that there is no evidence to support a nexus between these conditions and his military service.

The Board has remanded the Veteran's case for further development, including scheduling a VA examination and obtaining additional records. The right ankle impairment claim is being addressed separately.

The Board has granted an increased rating of 40 percent for the Veteran's back disability as of August 3, 2019. The other issues were denied or not addressed due to jurisdictional reasons.

The Veteran's psychiatric disability and arthritis of both hips and lumbar region were not granted service connection as they are not shown to be related to his active duty service.

The Board has determined that the Veteran's current low back conditions, right and left leg sciatica are not service connected as they did not begin during his active service or are otherwise etiologically related to an in-service injury, event, or disease.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examinations and private treatment records. The issues include increased rating for lumbosacral strain with degenerative changes, service connection for bilateral leg disability and migraine headaches, and TDIU.

Service connection is granted for major depressive disorder.,The claim for service connection for a tonsil condition, low back disability, headaches, carpal tunnel syndrome, BPH, nerve conditions of the lower and upper extremities, and skin rash is denied.

The Board has restored a 20 percent rating for the Veteran's degenerative disc disease of the lumbar spine, finding that there was improvement in the disability under ordinary conditions of life and work.

The Board has reopened the claims for service connection for degenerative disc disease of the cervical spine, diabetes mellitus type II, and rheumatoid arthritis. The cases are remanded to further develop evidence related to these issues.

The Veteran's VA disability compensation was improperly calculated and withheld from August 1, 1981 to October 2013. The Board is remanding the case to obtain records related to the Veteran's Federal Tort Claims Act settlement in 1981.

The Veteran's service-connected disabilities are not of such severity to preclude all forms of substantially gainful employment, and his claim for a total disability rating based on individual unemployability is denied.