Back / lumbar spine decisions — 2019

The Veteran's service-connected back and right knee disorders are rated at the maximum allowable levels. The Board has granted an effective date of June 1, 2014 for his TDIU and DEA benefits due to his unemployability caused by these conditions.

The Veteran's left shoulder disability, lumbar strain with degenerative arthritis, spondylosis and IVDS, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted service connection. The Veteran is also entitled to a specific disability rating for each condition.

The Veteran's service-connected disabilities have worsened, and she now requires a wheelchair. The Board has ordered new evaluations to determine the current severity of her conditions and their impact on her ability to walk without assistance.

The Board has remanded several issues related to the Veteran's back disability, including rating higher than 10 percent for back disability and rating higher than 10 percent for peripheral neuropathy of the right lower extremity and left lower extremity. The claims are also remanded due to the need for updated VA examinations.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to inadequate examination. A new examination will be scheduled to assess the current severity of his disability.

The Board has remanded the case due to inadequate examination for a back disability, requiring further evaluation and evidence.

The Board denied the Veteran's claim for payment or reimbursement of medical services received at Richmond Memorial Hospital due to lack of emergency condition and unavailability of VA facilities.

The Veteran's claims for increased ratings for his service-connected chronic adjustment disorder with anxiety and depression, as well as degenerative disc disease of the thoracolumbar spine, are being remanded due to inadequate examination reports. Additionally, the claim for a total disability rating based on individual unemployability is also being remanded.

The Board has determined that the Veteran's left hip and low back conditions are not service-connected, as there is no evidence linking these conditions to his in-service right ankle disability.

Service connection for hemorrhoids is denied.,An initial rating of 10 percent for migraine headaches prior to February 9, 2018 is denied. A 30 percent rating for migraine headaches effective from February 9, 2018 is granted.,A rating in excess of 10 percent prior to July 6, 2015 and a rating in excess of 20 percent thereafter for degenerative arthritis of the lumbar spine is denied.,An initial compensable rating prior to April 16, 2019, and a rating in excess of 40 percent thereafter for traumatic brain injury is denied.

The Veteran's claim for service connection for DDD was granted, with the Board finding that the evidence is at least in equipoise that his current diagnosis of DDD began during active service or is otherwise related to an in-service injury or disease.,The Veteran's claim for reopening of service connection for bilateral pes planus and secondary plantar fascitis was granted. The Board found new and material evidence had been received, allowing the claim to be reopened.

The Veteran's low back condition is granted service connection. The issues of left and right lower extremity radiculopathy are remanded for further examination and opinion. The issue of total disability rating based on individual unemployability is also remanded.

The Veteran's upper back condition, which includes left scapulothoracic muscular strain, is rated at a 20 percent disability level. The rating is based on the current severity of his condition as determined by a VA examination in June 2019.

The claims for bilateral hearing loss, tinnitus, diabetes, low back pain, sinusitis, hypertension, GERD, painful lower extremities/myalgias, coronary artery disease (heart disease), flu virus, group C virus, adenovirus, skin disability, and right kidney disability have all been denied as not related to service or service-connected conditions.,The claim for a higher initial rating in excess of 10 percent for residuals, fractures, right toes has been remanded.

The Veteran's claim for service connection for a back disability has been reopened, but the Board finds that the VA examiner's opinion is inadequate and remands the case for further development.

The Board dismissed the appeal because the appellant withdrew it.

The Veteran's residuals of scrotal injury for the period prior to July 22, 2017 is denied as it did not manifest in long-term drug therapy, hospitalizations, or intermittent intensive management.,The Veteran's residuals of scrotal injury for the period from July 22, 2017 through the present is granted with a rating of 10 percent.,The Veteran's entitlement to an initial compensable rating for chronic lumbar strain for the period prior to October 1, 2015 and a rating in excess of 10 percent for the period from October 1, 2015 through the present is remanded.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, thus the Board grants a TDIU rating.

The Veteran's claim for an acquired psychiatric disorder, including PTSD, GAD, SAD, and ADD is remanded due to the need for a VA examination. The Veteran's lumbosacral strain is also remanded as there is insufficient evidence on whether it was caused by or aggravated by his service-connected right knee disability.

The Board found no evidence of a nexus between the Veteran's current lumbar spine disability and his service, including an injury to his coccyx in 1952. The preponderance of the evidence does not support service connection.