Back / lumbar spine decisions — 2019

The Board has decided to remand three claims: service connection for a lumbar spine disability, service connection for a left hip disorder, and service connection for radiculopathy of the lower extremities. The Veteran's statements indicate that her conditions are related to her active duty service.

The Board has granted service connection for a chronic lumbar spine disorder, finding that the Veteran's current condition is due to an injury she sustained before her active duty period in 2003/2004. The Board also found clear and unmistakable evidence that this condition was not aggravated by her active duty service.

The Veteran's appeal for special monthly compensation based on the need for aid and attendance is dismissed. The Board grants a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities including an unspecified depressive disorder with anxious distress, lumbosacral strain and degenerative arthritis, and radiculopathy of the left and right lower extremities.

The Veteran's appeal for a higher rating for left lower extremity sciatica was dismissed as the Veteran withdrew his claim prior to the Board's decision.,A 100 percent disability rating for major depressive disorder with psychotic features is granted, reflecting total occupational and social impairment.

The Veteran's claims for service connection of left knee, shoulder, and low back disorders were denied. The Board found no new and material evidence to reopen these claims.

The Board has decided to remand the case for further development and examination, including obtaining an opinion on the etiology of the Veteran's lumbar strain and a clarification of his pre-diabetes diagnosis.

The Veteran's low back disability and left leg radiculopathy were denied increased ratings, with the exception of a 20% rating for the period from July 25, 2013 to June 27, 2016 for his low back disability.

The Veteran's claims of service connection for low back, left knee, left hip, and right shoulder conditions have been reopened. The Board has determined that a new VA examination is needed to determine the nature and etiology of these conditions.

The Veteran's service-connected disabilities do not meet the criteria for eligibility in purchasing an automobile or adaptive equipment, specially adapted housing, or a special home adaptation grant.

The Board has remanded the Veteran's claims for service connection due to incomplete records and potential conflicts in medical opinions. The Veteran will need a supplemental VA examination to determine the nature and etiology of any psychiatric disorder.

The Board has remanded the Veteran's claims of service connection for a back disability, left and right knee disabilities, and tinnitus due to inadequate VA examinations and failure to properly request a DRO review.

The Board dismissed the appeal for a higher combined evaluation for service-connected disabilities due to the Veteran's withdrawal of his appeal. The remaining issues, including increased ratings and TDIU, are remanded.

The Board denied service connection for lumbar strain and denied increased ratings for right and left knee PFS, finding no evidence of in-service injury or disease related to the conditions, and that any current symptoms are not causally linked to service-connected disabilities.

The Board has decided to remand the Veteran's claims for service connection due to missing medical records and unclear nature of his current conditions. The claims will be reviewed again with new examinations and opinions.

The Board has dismissed the Veteran's appeals due to his withdrawal of the appeal.

The Veteran's hypertension was denied service connection as it did not manifest in service or within the one-year presumptive period, and there is no evidence of a nexus to service.,The Veteran's low back disability was denied an increased rating higher than 40 percent as his symptoms do not more nearly approximate unfavorable ankylosis of the entire thoracolumbar spine or the entire spine.,The Veteran's ulcerative colitis was granted an initial 30 percent rating, but no higher. The evidence is at least evenly balanced as to whether the symptoms have more nearly approximated moderately severe symptoms with frequent exacerbations.

The Veteran's claim for an initial disability rating in excess of 60 percent for service-connected lumbosacral intervertebral disc syndrome (IVDS) is denied. The maximum schedular rating for IVDS under Diagnostic Code 5243 is 60 percent, and the preponderance of the evidence does not support a higher evaluation.

The Veteran's appeal for an increased rating for left lower extremity radiculopathy has been dismissed. The appeals for the T12 compression fracture with muscular low back pain and degenerative arthropathy of thoracic spine, as well as the TDIU claim, are remanded.

The Board has remanded the case due to a failure to provide an adequate statement of reasons and bases for finding that VA substantially complied with the January 2016 remand instructions, specifically regarding the Veteran's bilateral lower extremity radiculopathy.

The Veteran's service connection claims for left calf intramuscular hemangioma, right knee disorder, and back disability have been denied. Service connection was granted for the left lower extremity radiculopathy (sciatica) with an effective date of October 30, 2014.,A higher initial rating for the service-connected left lower extremity radiculopathy is not warranted.