Back / lumbar spine decisions — 2019

The Board has remanded the case due to errors in its previous decision regarding service connection for various disabilities, including back disability, right ankle and left ankle injuries, right foot injury, left foot injury, right foot sores, and left foot sores. The Veteran needs further examinations and evidence review.

The Veteran's degenerative disc disease of the lumbar spine was granted a rating of 40 percent for the period prior to December 18, 2015 and a rating of 30 percent thereafter. The decision is based on the criteria set forth in the VA’s Schedule for Rating Disabilities.

The Veteran's lumbosacral strain is currently rated at 40 percent, and the Board has determined that this rating is appropriate based on the lack of unfavorable ankylosis or incapacitating episodes.

The Board has remanded the case due to outstanding private treatment records that need to be obtained for a proper evaluation of the Veteran's thoracolumbar spine disorder.

The Board has denied the Veteran's claims for service connection for lower back condition, cervical spondylosis, left ankle condition, sinus problems, traumatic brain injury, and abdominal muscle condition. The decision is based on a lack of evidence showing these conditions began during active service or are otherwise related to in-service injuries.,The Board found that the Veteran's statements regarding his in-service injuries were inconsistent and unreliable, casting doubt on their credibility.

The Board has restored special monthly compensation at the housebound rate for the Veteran, finding that the RO's September 2013 decision granting SMC was not based on clear and unmistakable error.

The Board has granted service connection for a cervical spine disability and a left hip disability on a secondary basis, finding that the evidence is at least in equipoise that these disabilities are related to the Veteran's service-connected conditions.

The Board has found that the AOJ did not request evidence from the Veteran regarding his attempts to obtain licensure in social work and marriage and family therapy, nor did they provide a functional capacity evaluation by a vocational rehabilitation counselor. The case is being remanded for these actions.

The Board has remanded the Veteran's claims for pes planus and low back disability due to insufficient medical opinions regarding service connection.

The Board has determined that additional development is necessary for the Veteran's claims, including obtaining medical records and conducting VA examinations to assess his lumbar spine and left lower extremity disabilities. The TDIU claim remains in appellate status.

The Veteran's claims for service connection are granted, and the Board remands several issues related to secondary service connection.

The Veteran's claims for higher ratings and effective dates have been denied. The Board has also determined that additional VA examinations are needed to address the Veteran's service connection claims.,The Veteran is being asked to provide more information regarding his in-service injuries, as well as any private treatment records from P.L., LCSW, and Dr. T.O.

The Board denied the claims for service connection of back, neck, and right knee disorders due to a lack of current diagnoses in the record.

The Veteran's low back disability is rated at a 40 percent effective from November 23, 2009.

The Board has remanded the claims for service connection due to missing VA treatment records and private podiatry records. The Veteran's right lower extremity disabilities, including his low back disorder, are claimed as secondary to his left knee disability.

The Board has found that additional development is needed due to inadequate VA examinations for the Veteran's claimed back disability, ulcerative colitis, and hiatal hernia. The claims are being remanded for further examination and opinion.

The Board has decided to remand the Veteran's claims for service connection for lower back and right hip conditions due to insufficient information regarding when and how these conditions may be related to his military service. The Veteran needs to provide more details about a lightning strike incident during training, and VA needs to obtain his National Guard service records.

The Veteran's claims for service connection have been remanded due to a duty to assist error. The Veteran is required to undergo VA examinations and the Board will consider new evidence in their next decision.

The Board denied service connection for polyneuropathy/peripheral neuropathy and bilateral hearing loss due to lack of new and relevant evidence, but granted service connection for tinnitus and low back disability.,Service connection was not established for polyneuropathy/peripheral neuropathy as the Veteran's condition did not manifest within one year after service. The Board found no link between the condition and military service.

The Veteran's thoracolumbar spine degenerative arthritis is currently rated at 20 percent and the Board finds no basis for a higher rating.,The Veteran's left lower extremity radiculopathy (femoral nerve) is currently rated at 10 percent and the Board finds no basis for a higher rating.,The Veteran's right lower extremity radiculopathy (femoral nerve) is currently rated at 10 percent and the Board finds no basis for a higher rating.,The Veteran's left lower extremity radiculopathy (sciatic nerve) is currently rated at 20 percent and the Board finds no basis for a higher rating.,The Veteran's right lower extremity radiculopathy (sciatic nerve) is currently rated at 10 percent and the Board finds no basis for a higher rating.