Back / lumbar spine decisions — 2019

The Board has reopened the Veteran's claim for service connection for left upper extremity radiculopathy and remanded her increased rating claims. The case is now pending further examination and review.

The Board dismissed the appeals for service connection for depressive disorder with anxiety and a lumbar spine disorder. Service connection was granted for PTSD and right knee disorder.

The Veteran's appeal is remanded for further development on several service connection claims.

The Board denied the Veteran's claims for service connection for a low back disability, respiratory disability (asthma), and sleep disability (insomnia). The claim for service connection for migraine headaches was remanded.,The Veteran's low back condition is not considered to be related to her military service. Her asthma and insomnia are attributed to her service-connected PTSD.

The Board has remanded several issues related to the Veteran's service connection claims, including his lumbar spine disability and its associated radiculopathy. The decision also notes that he is entitled to a TDIU but that issue will be remanded as well.

The Veteran's ratings for kidney cancer residuals, low back disability, and right lower extremity radiculopathy were reduced from 60%, 20%, and 10% to 30%, 10%, and noncompensable respectively. The reduction in rating for the low back disability is being remanded due to inadequate examination.

The Board denied an evaluation in excess of 10 percent for the Veteran's lumbar spine disability, finding that the evidence did not support a higher rating based on limitation of motion or other factors.

The Veteran's service-connected disabilities render him in need of the regular aid and attendance of another person, warranting special monthly compensation at the aid and attendance rate.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate examinations conducted previously.

The Board has determined that service connection is warranted for the Veteran's left hip, right hip, low back, and cervical spine disabilities. However, further development is needed to determine if his wrist disabilities were aggravated by service. The TDIU claim is also remanded.

The Board has found that the Veteran's bilateral hearing loss disability and tinnitus are service-connected, but his low back disability and left ankle disability have not been established as such. The claims for low back and left ankle disabilities are remanded for further development.

The Board has remanded the Veteran's claims for service connection for residuals of a lumbar and cervical spine injuries due to conflicting evidence regarding pre-service conditions, lack of VA examination records, and potential aggravation by post-service events.

The Board has determined that the VA examinations and opinions are inadequate for the issues of service connection for left finger disability (3 and 4) and lumbar spine disability. The Veteran's claims will be remanded to obtain additional records, including VA treatment records from May 2018 to present, and to schedule the Veteran for appropriate VA examinations.

The Board has determined that the Veteran's service-connected disabilities have worsened and remanded several issues for further development, including a new VA examination to assess his bilateral hearing loss disability, determine the etiology of any current acquired psychiatric disability, determine the etiology of any current lumbar spine disability, and determine the etiology of his actinic keratosis.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral strain with arthritis is remanded due to the need for additional examination and assessment regarding flare-ups.,The Veteran’s claim for SMC based on the need for regular aid and attendance of another person is also remanded as it was inferred from his statements.

The Board has granted service connection for a lumbar spine disability and denied service connection for neck, left knee, right knee, left shoulder, right shoulder, left ankle, and right ankle disabilities. The issues of service connection for bilateral hearing loss and tinnitus are remanded.

The Board denied the Veteran's claims for service connection for a lumbar spine disability, a psychiatric disorder, and an initial compensable rating for healed fracture of the right fifth metacarpal bone. The reasons provided included lack of evidence of chronicity in service or continuity of symptoms after service discharge.

The Veteran's claim for a low back disability was reopened due to the submission of new evidence. Her service-connected PTSD is rated at 50%.,Her TDIU (total disability rating based on individual unemployability) and her low back disability are both granted.

The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy is currently rated at 20 percent, and the Board does not find any basis to grant a higher rating.,The effective date for the TDIU was determined to be August 29, 2013, as this was when the Veteran met the schedular requirements.

The Board has remanded the Veteran's claims for service connection and initial disability ratings for his left knee disabilities due to missing STRs, SPRs, and Navy Reserve records. The VA is instructed to verify all periods of active duty including ACDUTRA/INACDUTRA in the Navy Reserve from 2004 to 2012.