Back / lumbar spine decisions — 2019

The Veteran's claim for an increased rating for his lumbar spine scoliosis with intervertebral disc syndrome was denied, as the evidence did not show unfavorable ankylosis or incapacitating episodes.,The Veteran's claims for initial ratings in excess of 10 percent for right and left lower extremity radiculopathy were remanded due to a lack of recent VA examination.

The Veteran's initial ratings for DDD and DJD of the lumbar spine were denied, but a higher rating was granted for radiculopathy of the right lower extremity from March 30, 2017 onwards.

The Veteran's claim for service connection for sleep apnea, degenerative disc disease of the lumbar spine, and erectile dysfunction as secondary to service-connected disabilities is granted. The rating for his back disability is restored from a non-compensable evaluation to 20% effective November 1, 2017.

The Board has granted service connection for the Veteran's cervical spine, low back, left shoulder, left knee, and right knee disabilities. The issues of entitlement to an initial rating in excess of 20 percent for limitation of abduction of the right hip; an initial rating in excess of 10 percent for limitation of extension of the right hip; and an initial compensable disability rating for limitation of flexion of the right hip prior to February 13, 2017 and a rating in excess of 10 percent thereafter are remanded.

The Board has remanded the issues of service connection for hemorrhoids, back disability, left shoulder disability, left knee disability, and left carpal tunnel syndrome due to insufficient evidence.

The Veteran's claim for service connection for a left elbow condition is denied.,The effective date of the award of service connection for bilateral knee DJD is set at February 17, 2011.,The Veteran's claims for higher disability evaluations for right and left knee DJD are denied.,The Veteran is granted entitlement to a total disability rating based on individual unemployability (TDIU) from November 3, 2011.

The Veteran's TDIU claim is denied because he is currently employed and his service-connected conditions do not prevent him from securing or following a substantially gainful occupation.

The Board denied service connection for a low back disability, bilateral ear condition, sinusitis, and sore throat (also referred to as sore throat condition) due to lack of evidence linking these conditions to the Veteran's active duty service.,There is no medical evidence showing that any of the claimed conditions were incurred or aggravated by the Veteran's military service.

The Veteran's claims for increased ratings and service connection have been partially granted, with some issues being granted while others were denied. The effective dates for the grants of service connection are not specified.

The Board has remanded the claims for additional development due to failure of the Veteran to report VA examinations scheduled in September 2015. The issues on appeal include service connection for various disabilities, including low back pain, right hip disability, cervical spine disability, and psychiatric disability.

The Board has dismissed the appeals concerning higher disability ratings for lumbosacral strain with facet arthritis, degenerative joint disease of the right knee, and degenerative joint disease of the left knee. The appeal regarding eligibility for specially adapted housing assistance was also dismissed.

The Veteran's claims for various service-connected disabilities, including psychiatric disorders, carpal tunnel syndromes, and respiratory issues, are being remanded due to the need for additional examinations and medical opinions. The appeals will be reconsidered based on new evidence and a thorough review of the Veteran's service records.

The Veteran's appeal is remanded for further development regarding her claim of entitlement to a total disability rating on the basis of individual unemployability (TDIU) based on service-connected disability.

The Board has remanded the Veteran's claims for service connection for OSA, left lower extremity radiculopathy, and his lumbar spine disability due to insufficient medical opinions addressing the nature of these conditions and their relationship to service.

The Board has remanded the claims for a thoracolumbar spine disability and an acquired psychiatric disability due to inadequate VA medical opinions. The claims will be further developed with new examinations.

The Board denied service connection for back disorder, right upper and lower extremity paresthesias due to cold weather injuries, as these conditions are not causally related to military service.

The Veteran's claim for an effective date earlier than December 10, 2014, for the grant of service connection for radiculopathy of the left lower extremity was denied. The Veteran also had his initial rating for radiculopathy of the left lower extremity increased to 20 percent and a TDIU granted.

The Veteran's service-connected conditions do not render him unable to secure and follow a substantially gainful occupation as of October 18, 2008.

The Veteran's right foot disability is rated at 40 percent since March 30, 2008.,Higher initial ratings for bilateral lower extremity radiculopathy and back and wrist disabilities are denied.,SMC based on loss of use of the left lower extremity and need of regular aid and attendance of another person is denied.

The Veteran's claims for service connection and TDIU are remanded due to the need for additional VA examinations. The issues include arthritis of the body, hip replacement, and TDIU.