Back / lumbar spine decisions — 2019

The Veteran's lumbar and cervical spine disabilities are granted with a 100% rating, effective prior to December 20, 2017. The acquired psychiatric disorder is also granted at a 100% rating, but only prior to that date.

The Board denied the Veteran's claim for service connection for a back disability, finding no current diagnosis and insufficient evidence to link any past injury or disease to his claimed condition.

The Board has decided to remand three issues related to service connection for left knee, lumbar spine, and cervical spine disabilities. The reasons are that the VA opinions provided were inadequate due to inaccurate facts or lack of consideration of the lay and medical evidence.

The Veteran's claim for a rating in excess of 40 percent for postoperative residuals of lumbar strain with lateral recess stenosis L5-S1 was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine.,The Veteran's claim for a rating in excess of 20 percent prior to June 6, 2016, and in excess of 40 percent thereafter, for left lower extremity radiculopathy was denied as there were no incapacitating episodes over the past 12 months.

The Board has granted service connection for a lumbar spine disorder, right ear hearing loss disability, tinnitus, obstructive sleep apnea, and skin condition to the lips (claimed as dry mouth), all secondary to existing service-connected disabilities. The Veteran's asthma with COPD is rated at 100%.

The Veteran's claim of service connection for various conditions, including right knee disability, ankle disability, degenerative arthritis, and hypertension, was denied. The Board found no new and material evidence to reopen the claims.

The Veteran's tinnitus is currently assigned a 10 percent rating, which is the maximum rating available for tinnitus under Diagnostic Code 6260. The Veteran's lumbar spine disability and bilateral hearing loss are both remanded for further evaluation.

The Veteran's claim for a disability rating in excess of 10 percent for his service-connected lumbar spine degenerative disc disease with arthritis is being remanded due to inadequate examination reports and the need for updated treatment records.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board has determined that the Veteran's claims for service connection are remanded due to a lack of medical examinations and opinions regarding the nature, extent, and etiology of his claimed disabilities. The Veteran is not afforded an examination or opinion on whether he suffered from head injuries, right-hand, right-foot, low back, cervical spine, bilateral leg, and hip disabilities during service.

The Board has dismissed the claim of service connection for a severe disc condition of the back with nerve condition. The right knee disability, including degenerative arthritis, and other joint disabilities are remanded for further development.

The Board denied service connection for a low back disability and remanded the compensation under 38 U.S.C. § 1151 claim due to insufficient evidence linking the Veteran's current conditions to his military service or VA treatment.

The Board has decided that the Veteran's claims for service connection for left shoulder, low back, and left knee disabilities need further review due to lack of recent medical records.

The Board has remanded the Veteran's claims of service connection for lumbar spine disability, right hip disability, right leg pain, left leg numbness, and right leg numbness. The Veteran is also being asked to provide updated VA treatment records and undergo a VA examination to determine the nature and origin of his bilateral leg numbness, right hip disability, and congestive heart failure.

The Veteran's claim for an increased rating for bulge/protrusion, lumbar spine was denied as the evidence did not show functional limitations or limitation of motion equivalent to less than 60 degrees of forward flexion. The claim for TDIU prior to November 13, 2017, was also denied due to lack of unemployability solely based on service-connected disability.

The Board has remanded the cases due to insufficient evidence for service connection of upper back disability, left knee disability secondary to right knee disability, and right knee disability.

The Board denied service connection for right and left knee osteoarthritis, a back disability, diabetes mellitus, and erectile dysfunction. The claims were not reopened due to lack of new and material evidence.

The Veteran's claim for a higher rating for his lumbar spine disability was denied, and the reduction of his disability rating from 40 percent to 20 percent, effective October 1, 2018, was found to be improper.

The Board has remanded the Veteran's claims for service connection for various conditions due to failure to schedule VA examinations. The case is returned to the RO for further development and consideration.

The Board has remanded the case due to insufficient evidence regarding the Veteran's ability to perform sedentary work in light of his service-connected disabilities. The Veteran needs a vocational assessment from a Veterans Health Administration Vocational Rehabilitation Specialist.