Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for service connection for left and right foot disorders, as well as a back disorder claimed as secondary to these conditions. The issues are inextricably intertwined due to the potential impact on the back disorder claim based on the current status of the foot disorder claims.

The Veteran's lumbar spine disability was granted a 10 percent rating from November 5, 2012 to October 9, 2014. From October 9, 2014 to April 12, 2019, the Veteran did not meet the criteria for a higher rating. On and after April 12, 2019, he was denied any increase in disability ratings.

The Veteran's low back disability, rated at 10% prior to July 15, 2016 and now at 20%, is granted. The Veteran also receives a TDIU since August 15, 2011.

The Board has granted service connection for left knee disability, low back disability, and sleep apnea on a secondary basis to the Veteran's service-connected disabilities.

The Board has remanded the Veteran's claims of increased ratings for left knee instability and left hip osteoarthritis, as well as his claim for service connection for lumbar spine disability due to outstanding medical records and inadequate examination reports.

The Board denied the appellant's claims for nonservice-connected death pension and special monthly pension based on need for regular aid and attendance of another person, or by reason of being housebound due to insufficient evidence showing she is in need of such benefits.

The Veteran's service connection claims for degenerative changes of the lumbar spine, right and left lower extremity radiculopathy are granted. The rating assigned is 10%.

The Board has remanded several claims for additional development, including obtaining VA records from the Birmingham VAMC and determining whether new and material evidence has been received to reopen previously denied claims of service connection.

The Veteran's claims for sinusitis, low back condition, and obstructive sleep apnea have been granted.,Service connection has also been established for a cervical spine disability.

The Veteran's back disability is granted service connection. Service connection for left and right hammertoe disorders are denied, as there is no current diagnosis of these conditions. Service connection for gastroesophageal disorder (gastritis) is granted.

The Board has granted service connection for lumbar spine stenosis, left lower extremity radiculopathy, and schizoaffective disorder as secondary to the Veteran's service-connected right knee disability.

The Veteran's service-connected minimal degenerative disc disease of the lumbar spine is currently rated at 10 percent. The Board has remanded the case for a new examination to assess the severity of his disability, as he still experiences pain and limited range of motion.

The Veteran's claim for an increased rating for his lumbar spine disability is being remanded due to the need for a new examination to assess the severity of his condition, including flare-ups and functional loss.

The Veteran's hearing loss, tinnitus, prostate cancer, neck cancer, low back condition, and COPD are all remanded for further examination and opinion. The appeals will be reconsidered based on the new evidence.

The Board has remanded the case due to an inadequate May 2010 VA examination report, which did not consider the impact of flare-ups on the Veteran's cervical spine disability. The examiner failed to quantify any additional degree of motion lost due to flares.

The Board has denied service connection for cervical and lumbar spine disabilities, finding that the current conditions are not related to military service.

The Board has decided that the Veteran's service connection claim for a lumbar spine disability should be remanded due to insufficient evidence regarding his self-treatment during and after service.

The Board has determined that the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 are remanded due to incomplete procedures in handling his claims, including a lack of Statement of the Case on issues related to hip disabilities and leg disabilities.

The Veteran's service-connected disabilities have rendered him unemployable as they impair his ability to sit, stand, or walk for prolonged periods. A TDIU rating is granted effective December 14, 2014.,For the period prior to August 16, 2012, a separate 10 percent rating for left hip disability based on limitation of flexion is granted; higher than 30 percent rating for left hip disability based on femur impairment is denied. The Veteran's constipation has been rated as noncompensable.,The Veteran’s radiculopathy and constipation claims are part of his lumbar spine increased rating claim, which remains before the Board.,An increased rating for radiculopathy of the left lower extremity is remanded; an increased rating for left hip disability since August 16, 2012 is also remanded.

The Board has granted the Veteran's petition to reopen his claim for service connection for a back disability and has remanded the case for further development, including obtaining medical records from SSA.