Back / lumbar spine decisions — 2019

The Veteran's increased disability ratings for lumbar spine DDD and left lower extremity radiculopathy have been denied. The Board found that the evidence did not meet the criteria for an increased rating under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.

The Board has remanded the claims of service connection for lumbosacral strain, left leg pain (sciatica), and right arm pain due to lack of a medical opinion regarding the etiology of these conditions. The Veteran's lay statements will be considered in formulating opinions.

Service connection has been granted for arthritis of the cervical spine, thoracic spine, lumbar spine, hands, right knee, left knee, migraine headaches, and sinus condition (to include allergic rhinitis).,Prostate cancer has also been granted.

The claim for service connection for post nasal drip is dismissed. The application to reopen the claim for service connection for a lumbar spine disorder is granted, but the matter of whether it is secondary to service-connected knee and foot disabilities remains pending.

The Veteran's appeals for service connection for diabetes mellitus, liver disorder, and a compensable rating for the service-connected acute rheumatic fever with migratory polyarthritis have been dismissed. The claims for service connection for low back pain and chronic kidney condition manifested by hematuria in service were granted as new and material evidence was received. Service connection has been established for right knee disability, left knee disability, lumbar spine disability, and the Veteran is presumed to have a kidney condition due to Camp Lejeune exposure. The remaining claims are remanded.

The Veteran's lumbar spine disability is currently rated at 20 percent, and no higher.,The Veteran's bilateral lower extremity radiculopathy is currently rated at 20 percent, and no higher.

The Board has decided that the Veteran's claims for service connection for groin and back conditions, both related to Gulf War service, need further examination and evidence collection.

The Veteran's claims for increased ratings, service connection, and TDIU are being remanded due to the need for additional examinations and medical opinions.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further medical opinions.

The Board has granted service connection for a low back disability, but the other issues related to bilateral hearing loss and tinnitus, as well as cervical spine and left leg disabilities, are remanded for further development.

The Board has determined that the veteran's PTSD is not service-connected due to his willful misconduct during active duty. The other disabilities listed are also denied as they were either caused by or aggravated by the veteran's own actions.

The Veteran is granted an annual VA clothing allowance for the year 2015 due to use of a custom-fit rigid OA unloader right knee brace, as it causes wear and tear on his pants.

The Veteran's claim for special monthly compensation (SMC) based on housebound status from October 1, 2014 is granted. The decision is based on the Veteran having a single service-connected disability rated as 100 percent disabling and additional disabilities independently ratable at 60 percent or more.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no credible evidence linking his current condition to his military service.

The Veteran's service-connected degenerative joint disease (DJD) of the lumbar spine is rated at 40 percent, which is the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The appeal has been denied.

The Board has remanded the case due to insufficient evidence and need for further examination. The Veteran's lumbar spine disorder is being reviewed again.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's low back disability. A new VA examination is needed to determine if the condition had its onset in service or is otherwise related to service.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability was denied. The initial rating of 20% from February 22, 2011 to September 3, 2014 and the subsequent increase to 40% since April 19, 2017 were both denied.

The Veteran's low back disability is rated at 40 percent, but not higher, effective from February 23, 2012.

The Board has remanded the Veteran's claims for service connection for lumbar strain and cervical spine degenerative disc disease due to incomplete service medical records. The RO is instructed to make another attempt to obtain these records from the Veteran’s duty stations in Germany and Fort Bragg, as well as request addendum opinions.