Back / lumbar spine decisions — 2019

The Board has remanded the issues of increased ratings for the Veteran's lumbar back disability and TDIU due to worsening symptoms and retirement from employment.

The Veteran's back disability is rated at 40 percent for degenerative disc disease of the lumbar spine, and a separate 10 percent rating is granted for right lower extremity radiculopathy. The Veteran's left lower extremity radiculopathy is currently rated as 20 percent disabling since February 1, 2017. The Board has remanded the issues regarding increased ratings for bilateral lower extremity radiculopathy and TDIU.

The Board has remanded the claims for service connection for back, neck, and bilateral hip disabilities due to new evidence received since the last final denial. The Veteran's parachute jumps are being considered in determining the etiology of his current musculoskeletal conditions.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine disability and associated radiculopathy of the left and right lower extremities due to a lack of adequate examination reports, including those from June 2009, April 2015, and June 2018. The Board also ordered additional development, including obtaining SSA records and scheduling the Veteran for an updated VA examination.

The Board has remanded the claims for service connection for a back disability, bilateral hip disabilities, an abdominal aortic aneurysm, and hypertension due to presumed herbicide exposure. The TDIU claim is also remanded.

The Veteran's lung, foot, low back, and ankle conditions are remanded for further examination and opinion.

The Veteran's left side sciatica is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's ureterolithiasis is currently rated at 30 percent and does not warrant an increase in disability rating.

The Veteran's claim of service connection for PTSD is granted. The Board also remands the issues regarding right knee strain, left knee patellofemoral pain syndrome with left patella chip fracture, thoracolumbar degenerative disc disease with arthritis, and headaches.

The Veteran's current benign prostate hypertrophy, hypertension, and other conditions are not service-connected as they did not have their onset in active military service or for many years thereafter, nor is it shown to be related to such service.

The Veteran's claim for special monthly compensation based on aid and attendance or housebound status is remanded due to pending claims that will be appealed. The adjudication of the SMC claim is deferred until further development on the pending claims has been undertaken, including a VA examination for housebound status or permanent need for regular aid and attendance.

The Board has denied the Veteran's claims for service connection for a low back disorder and left leg disorder, finding that there is no evidence of a nexus between these conditions and his active duty service. The Board also granted an initial 70 percent rating for the Veteran's psychiatric disorder.

The Veteran's claim for a rating in excess of 10 percent for right hip degenerative arthritis associated with right leg below knee amputation prior to August 14, 2012 is denied.,The Veteran's claim for a rating in excess of 30 percent for right hip degenerative arthritis associated with right leg below knee amputation is denied.

The Board has decided to remand the case due to deficiencies in the April 2017 VA medical opinion, which did not adequately consider the Veteran's history of multiple back injuries during service and his secondary theory of service connection.

The Veteran's claims for PTSD, low back disability, and right lower extremity radiculopathy were denied as the effective dates cannot be prior to his discharge from service on August 6, 2013.

The Board has remanded the claims for service connection for low back and bilateral knee disabilities due to incomplete service treatment records. The appellant is advised to submit any missing records.

The Board has found that the Veteran's diabetes mellitus type II is not service-connected due to lack of evidence of herbicide exposure. The bilateral hearing loss and degenerative disc disease with spinal stenosis are remanded for further evaluation.

The Board has decided to remand the appellant's claims for service connection due to incomplete records and insufficient medical opinions. Further development is needed to determine if his current thoracolumbar disability and gastrointestinal disabilities are related to his in-service injuries.

The Veteran's claim for service connection for migraine headaches is granted. The Veteran's claims for an evaluation in excess of 20 percent for his lumbosacral strain with degenerative joint disease and service connection for PTSD and major depressive disorder are remanded.

The Veteran's initial claim for a 40 percent rating for lumbar spine disability was granted from November 1, 2012 to November 4, 2013. A 20 percent rating is granted during this period.

The Veteran's claims for a right knee disability, an acquired psychological condition (including adjustment disorder with anxiety depressed mood), and a back disability have been denied.,Service connection has not been established for any of the conditions listed.