Back / lumbar spine decisions — 2019

The Veteran's service-connected conditions have worsened, and new VA examinations are needed to assess the current severity of his syringomyelia with migraine headaches, chronic right lower extremity numbness and pain, chronic right upper extremity numbness and pain (major), and degenerative disc disease of the lumbar spine with small central disc herniation at L5-S1.

The Veteran's appeal is being remanded to obtain updated VA treatment records and schedule him for a VA examination to assess the severity of his service-connected disabilities as they relate to his ability to use his lower extremities. The Veteran must provide evidence that he requires an assistive device (cane, wheelchair, walker, brace, etc...) in order to walk and get around.

The Board has reopened the previously denied claim of service connection for lumbar spondylolisthesis, degenerative disc disease, and L4-L5 anterolisthesis due to new and material evidence. The Board finds that the Veteran's current back disability is at least as likely as not caused by an in-service injury during his military service.

The Board has remanded the remaining issues on appeal for further development, including scheduling VA examinations and obtaining treatment records.

The Veteran's claim for a higher rating for his lumbosacral strain with degenerative arthritis was granted, effective June 20, 2018. The effective date is set at the earliest date of receipt of his formal increased rating claim on June 20, 2018.

The Veteran's appeal for an increased rating for degenerative changes of thoracolumbar spine associated with bilateral pes planus has been dismissed due to the death of the appellant.

The Veteran's claim for higher education benefits is denied because he did not have a service-connected disability that caused his discharge, and therefore does not qualify for the 100% rate.

The Board has determined that the Veteran's lumbar spine disability with left lower extremity radiculopathy is related to his service, and thus grants service connection for these conditions.

The Board has remanded the case due to inadequate VA examination and further development is required.

The Board denied the Veteran's claim for service connection for cervical degenerative disc disease and arthritis as secondary to his service-connected right shoulder separation with DJD, finding that there is no medical evidence supporting a causal relationship between these conditions.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for lumbar spine intervertebral disc syndrome (IVDS) and posttraumatic stress disorder (PTSD). The Veteran needs to provide additional private treatment records, a statement of the case is required, and a VA examination is needed to assess the current severity of his service-connected IVDS.

The Veteran's TDIU claim is granted, and his initial increased rating for major depressive disorder is remanded.

The Board has granted service connection for a back disability and a left hip disability, finding that these conditions are related to the Veteran's in-service injuries. The claims were reopened due to new evidence submitted since the previous denial.

The Veteran's radiculopathy of the sciatic nerve, left lower extremity associated with low back strain and degenerative disc disease is granted a disability rating of 20 percent from May 22, 2014 to June 3, 2019.

The Veteran's claims for increased ratings for spondylopathy of the lumbar region and radiculopathy of the left lower extremity are being remanded due to insufficient examination findings during an average flare-up period. Additional development is needed, including obtaining additional medical opinions.

The Board denied the Veteran's claims of service connection for low back condition, neck condition, residuals of a right wrist injury, and headaches as there was no evidence to support these conditions were incurred during active service or related to an in-service injury or disease.

The Board has remanded the Veteran's claims for service connection for left knee, right knee, low back, and right ankle disorders due to a lack of VA examinations addressing these issues. The Veteran is also seeking service connection for an acquired psychiatric disorder but no VA examination was provided for this issue.

The Veteran's asthma and thoracolumbar spine disability are currently rated at 30 percent and 20 percent, respectively. The Board has decided the asthma rating in favor of the Veteran but has remanded for further development regarding his thoracolumbar spine disability.

The Veteran's claim for service connection for degenerative arthritis of the lumbar spine is being remanded due to a duty to assist error regarding his National Guard service.

The Board has granted service connection for the Veteran's right knee disability and dismissed his appeal regarding a low back condition. The right knee disability is related to service, while the low back condition was withdrawn by the Veteran.