Back / lumbar spine decisions — 2019

The Board has remanded two issues: 1) entitlement to an initial rating in excess of 10 percent for service-connected degenerative arthritis of the lumbar spine, and 2) entitlement to an increased rating in excess of 10 percent for service-connected patellofemoral syndrome and arthritis of the left knee. The remand is due to inadequate March 2017 VA examination used by the Board.

The Veteran's claims for higher ratings and service connection are being remanded due to the need for additional examinations, consideration of new evidence, and clarification of etiology.

The Veteran's postoperative residuals of left knee medial meniscectomy are granted a 60% disability rating, effective May 28, 2011. The claims for service connection for lumbar spine DJD/DDD and cataracts (formerly claimed as bilateral decreased depth perception) are reopened.

The Board has granted service connection for a back disability and awarded TDIU based on the Veteran's service-connected PTSD, right knee strain, and back condition.

The Board denied the Veteran's claims for service connection for a low back disability and right hip condition, finding that there was no clear and unmistakable evidence of a pre-existing low back injury in service and that any aggravation during service did not occur.,The Board also found that the Veteran’s right hip condition is secondary to his non-service connected low back radiculopathy.

The Veteran's appeal is remanded for additional development to address the service connection claims for lumbar spine, left hip, and right hip disabilities as secondary to his service-connected ankle disabilities. The claim for a rating in excess of 30 percent for unspecified depressive disorder and unspecified anxiety disorder will also be remanded.

The Veteran's claim for increased ratings and service connection for radiculopathy of the lower extremities, as well as TDIU, are remanded due to incomplete evaluations.

The Veteran's claims for service connection for various conditions are being remanded as there are outstanding treatment records that have not yet been associated with the claims file.,Further examination and opinion may be needed to determine if any of the claimed disabilities are related to military service.

The Veteran's initial rating for cervical spine degenerative arthritis is denied as her flexion of the cervical spine was at worst 30 degrees, which does not meet the criteria for a higher rating. The issues of service connection for low back disorder and an acquired psychiatric disorder are remanded.

The Veteran's claims for increased ratings for his service-connected lumbar spine, right knee, and left knee disabilities are remanded due to inadequate VA examination reports.

The claim for service connection for high cholesterol has been dismissed.,The previously denied claim for service connection for a left ankle condition is reopened, but the new evidence does not meet the criteria for service connection.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not preclude him from securing or following substantially gainful employment.

The Veteran's claims for increased ratings for primary insomnia and degenerative joint disease of the lumbar spine, as well as his claim for a TDIU based on these conditions, are being remanded due to the need for additional examinations and evidence.

The Board has denied service connection for chronic lumbar spine disorder and chronic cervical spine disorder as there is no evidence of a current disability related to active service.

The Board has denied a higher initial disability rating for the Veteran's degenerative disc disease of the lumbar spine, finding that the evidence does not support an increase in the current 20 percent rating.

The Board has reopened the claim for service connection for bilateral wrist disability due to new evidence received since the last denial. The claims of service connection for lumbar spine, cervical spine, and headaches disabilities are remanded for further development.

The Board has denied the requests to reopen claims for service connection for various conditions, including back disability, peripheral neuropathy of the lower and upper extremities. The appeals were based on direct service connection or secondary service connection due to a pre-existing condition.

The Veteran's claim for service connection for cervical spine disability, specifically degenerative disc disease (DDD) of the cervical spine, status post spinal fusion, is granted. The claim for secondary service connection for parasthesia of the left upper extremity as secondary to DDD of the cervical spine, status post spinal fusion, is remanded.

The Board denied service connection for a back disorder, finding that the Veteran's current condition is not causally related to his military service and arthritis did not manifest within one year of discharge.

The Veteran's claims for bilateral hearing loss, tinnitus, thoracolumbar spine condition, left ankle condition, right ankle condition, left leg radiculopathy, and right leg radiculopathy have all been denied.,There is no evidence of a chronic disease in service or within the applicable presumptive period, nor was there continuity of symptomatology since service.