Back / lumbar spine decisions — 2019

The Veteran's claims for service connection of various disabilities are being remanded to obtain additional medical records and to schedule a VA examination.

The Board has remanded the Veteran's claims for lumbar degenerative changes and left shoulder rotator cuff tear with degenerative changes, as well as his claim for a total disability rating based on individual unemployability. The case is also remanded to address the need for special monthly compensation based on the need for aid and attendance.

The claims for service connection have been remanded due to the need for additional examinations and opinions regarding the Veteran's current disabilities, as well as his in-service exposures.

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities and reopening of previously denied claims. The main reasons are that new medical records need to be obtained and a VA examination is required.

The Veteran's increased ratings for lumbar disc disease and right S1 radiculopathy are granted, but the issue of entitlement to TDIU is remanded.

The Veteran's GERD and low back disability were granted initial ratings of 10 percent each, while the knee and hip disabilities were denied higher ratings. The GERD was rated at 30 percent due to persistent symptoms.

The Board denied service connection for back, left knee, and right knee disabilities due to lack of evidence linking these conditions to service.

The Board has remanded the claim for service connection of a low back disability due to the need for further evidentiary development, including an additional medical opinion.

The Veteran's initial disability evaluation for right lower extremity radiculopathy is granted at a 20 percent rating. The case is remanded for further evaluations of his lumbar spine disability and TDIU claim.

The Veteran's lumbar spondylosis is rated at 40 percent disabling, effective December 10, 2018. The rating for right and left lower extremity radiculopathy remains denied, as does the rating for partial paralysis of both femoral nerves.

The Veteran's appeal for an initial rating in excess of 50 percent for major depressive disorder, and the effective date prior to January 13, 2011, for service connection of major depressive disorder, have been dismissed. Appeals regarding CUE in January 2012 rating decisions granting service connection for various disabilities were also dismissed.

The Veteran's claims for increased ratings of his scars, low back disability, left knee disability, and right knee disability are being remanded due to the need for further examination and evaluation.

The Board has determined that the Veteran does not have a current diagnosis of any wrist or knee disability, and thus cannot establish service connection for these conditions. The claims are denied.

The Board has reopened the Veteran's claims of service connection for lumbosacral strain, left hip condition with degenerative changes, right hip condition with degenerative changes, and right ankle condition. The claim is remanded as the VA examiner did not consider the Veteran’s ongoing pain since his claimed in-service injury.

The Veteran withdrew his service connection claims for lumbar spine disorder, lower extremity disorder, heart disorder, headache disorder, and hemorrhoids before the Board could make a decision.

The Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine was granted with an effective date of January 2, 2008. The claim for bilateral lower extremity radiculopathy was denied as it did not arise until August 2013.

The Veteran withdrew his appeal for service connection of a lumbar spine disability, including mild degenerative joint disease. The appeal was dismissed as the Veteran decided not to pursue it further.

The Veteran's appeal for service connection of a sleep disorder is dismissed. The Board has also remanded the issues of service connection for lower back and bilateral knee disorders.

The Veteran's claim for increased ratings and TDIU was denied. The initial rating for degenerative arthritis of the thoracolumbar spine remains at 20 percent, while a 10 percent rating is granted for right lower extremity radiculopathy beginning April 24, 2013. The Veteran's PTSD is rated as 50 percent disabling throughout the appeal period.

The Board has reopened the previously denied claims of left total knee arthroplasty, low back pain status post L5 laminectomy, and right lower extremity radiculopathy. The claim for left lower extremity radiculopathy is also remanded. The rating for service-connected total right knee replacement remains remanded.