Back / lumbar spine decisions — 2019

The Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities are being remanded for further examination to assess the current severity of his conditions.

The Board has remanded the claims for service connection for lower back, neck, and upper back disabilities due to incomplete examination opinions and outstanding records.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted based on the evidence of record.,The Veteran's left lower extremity radiculopathy and right lower extremity radiculopathy are both currently rated at 10 percent. The Board does not find any basis to grant higher ratings for these conditions.

The Board has decided that the Veteran's appeal regarding a temporary total evaluation based on surgical treatment for his service-connected low back disability requiring convalescence is remanded due to outstanding VA and private medical records.

The Veteran's knee braces, back brace, and medications caused damage to his clothing. The Board granted a clothing allowance for the 2015 calendar year.

The Board has remanded the cases for further development and an addendum opinion to address whether the Veteran's service-connected right knee disability caused or aggravated his claimed back and left knee disabilities.

The Board has remanded several issues related to the Veteran's service connection claims due to incomplete records and inadequate examination reports. The Veteran is required to provide additional medical evidence, including treatment records from VA facilities and SSA records. He also needs to undergo further examinations for his neck, low back, and right shoulder disabilities, as well as a psychiatric examination.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's back disability and his service. A new opinion is needed from an appropriate clinician.

The Veteran's diabetes mellitus, type 2 is currently rated at 20 percent and does not meet the criteria for a higher rating.,The Veteran’s back disability is currently rated at 20 percent and does not meet the criteria for a higher rating.,The Veteran’s radiculopathy of the right lower extremity is currently rated at 20 percent and does not meet the criteria for a higher rating.,The Veteran’s radiculopathy of the left lower extremity is currently rated at 20 percent and does not meet the criteria for a higher rating.,The Veteran's prostate cancer, status post robotic prostatectomy, results in erectile dysfunction but no other residuals, and the prostate cancer is in remission. The voiding dysfunction causes urine leakage, but it does not require the wearing of absorbent material or the use of an appliance. The condition does not cause increased urinary frequency or signs or symptoms of obstructed voiding.,The Veteran's erectile dysfunction manifests as loss of erectile function, but without deformity of the penis.,The Veteran’s service-connected scars are not unstable or painful, measure less than 39 square centimeters in total area, are not associated with underlying tissue damage, and result in no functional impairments or disabling effects.,Audiometric testing establishes that the Veteran has had, at worst, level I hearing in the right ear. Audiometric testing also established that the Veteran does not have left ear hearing loss for VA purposes.,While the Veteran was exposed to acoustic trauma during active military service, he does not have a left ear hearing disability for VA purposes.

The Veteran's claims for service connection for a cervical spine condition, lumbar spine condition, and bladder hernia have been denied.,The Veteran's claim of entitlement to special monthly compensation based on the need for aid and attendance or due to being housebound has been dismissed. The Veteran's appeal regarding special monthly pension was also dismissed.

The Veteran's low back disability is rated at 40 percent effective March 9, 2014. The right thumb disability remains at 10 percent.,Issues regarding left achilles tendon rupture and left foot heel contusion are being remanded for further review.

The Board denied the Veteran's requests for earlier effective dates for service connection and increased ratings, finding that June 18, 2015 was the appropriate date based on receipt of his claims.

The Board has remanded the claims for an increased rating for intervertebral disc syndrome (IVDS) of the lumbar spine and for entitlement to a total disability rating based on individual unemployability (TDIU). The remand is due to inadequate examination findings in the May 2016 VA examination, which failed to provide both active and passive range-of-motion findings as required under 38 C.F.R. § 4.59.

The Board has remanded the Veteran's claims for service connection for Degenerative Disc Disease (DDD) - Back, Hallux Valgus - Left Foot, and Hallux Valgus - Right Foot due to insufficient opinions regarding whether these conditions were aggravated by his service-connected bilateral knee condition.

The Board denied the Veteran's claim for service connection of a lumbar spine disability, finding that there is not an adequate nexus between his current condition and his active duty service.

The Veteran's claims for service connection related to insomnia, thoracic spine disorder, and lumbar spine disorder are being remanded due to the need for additional medical opinions.,Additional evaluations are required for the Veteran's claims of service connection for chronic fatigue syndrome, fibromyalgia, gallbladder disorder, and gastritis.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's low back disability and whether it preexisted service. The Veteran is requested to provide authorization for release of records from non-VA providers, including those related to his worker’s compensation claims.

The Veteran's tinnitus and lumbar degenerative disc disease with facet arthropathy at L4-L5, L5-S1 and herniated nucleus pulposus L3-L4 with L3-L4, L4-L5 foraminal stenosis are granted effective from the date of receipt of their respective claims.

The Veteran's GERD is rated at 10 percent, but no higher. The cervical and lumbar spine disabilities are remanded for additional examinations to determine their severity.

The Veteran's TDIU claim is remanded due to the need for further development and consideration by the Director, Compensation and Pension Service.