Back / lumbar spine decisions — 2019

The Board has remanded the case due to a lack of thorough discussion on continuity of symptomatology and the need for a VA examination to determine the nature and etiology of all currently present back disabilities, including whether they pre-existed service.

The Veteran's claims for higher initial ratings and TDIU are being remanded due to the need for additional examinations. The issues of service connection for low back disability, left and right lower extremity radiculopathy, and psychiatric disability (depression) remain unresolved.

The Board has granted service connection for the Veteran's lumbar spine degenerative disc disease, finding that there is at least equipoise evidence to support a link between his in-service injuries and current symptoms.

The Veteran's back disability is granted service connection, but the Veteran does not have gout of the right hand.,Sleep apnea and gout in both legs are remanded for further examination and opinion.

The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, resulting in a grant of TDIU effective February 29, 2016.

The Board denied the petitions to reopen previously denied claims for service connection of upper back and low back conditions, finding no new and material evidence submitted.

The Board has decided to remand the claims for service connection for left knee, lower back, and acquired psychiatric disabilities due to new evidence added by VA. The AOJ should consider whether pain causes functional impairment for the left knee and lower back.

The Board has remanded the case due to insufficient evidence regarding the Veteran's low back disability, including missing service medical records and a lack of a VA examination. The Veteran contends that his current low back disability is related to an in-service accident.

The Veteran's claims for service connection for a stroke, heart disability (claimed as secondary to surgery for degenerative disc disease of the lumbar spine, SP fusion, instrumentation/bone graft), and dyskinesia are remanded due to insufficient evidence. The Board will seek additional medical opinions regarding the nature and etiology of these conditions.

The Board denied the Veteran's claims for service connection for left shoulder disorder, lower back disorder, and residuals of gall bladder removal surgery. The evidence did not support a finding that any of these conditions were related to service.

The Board denied the Veteran's claims of service connection for back condition, rheumatoid arthritis, allergic rhinitis, and sleep apnea. The decision also denied her increased initial compensable evaluations for a bilateral eye disability prior to November 1, 2017, and corneal abrasion with recurrent corneal erosion from November 1, 2017.

The Veteran's lumbar spine and left leg radiculopathy disabilities are currently rated at 10 percent, which is the maximum rating available under VA regulations.,PTSD was initially rated at 50 percent prior to March 13, 2017, but this rating has been denied as it does not meet the criteria for a higher rating. After March 13, 2017, PTSD is rated at 70 percent, which is also the maximum available under VA regulations.,The Veteran's service-connected disabilities do not preclude him from obtaining or following substantially gainful employment.

The Veteran's initial compensable rating for degenerative disc disease of the lumbar spine was denied prior to May 4, 2016. A rating more than 10 percent after May 4, 2016 is also denied.,An effective date prior to January 5, 2010 for special monthly compensation (SMC) under 38 U.S.C. § 1114(s) is denied because the Veteran did not meet the schedular criteria prior to that date.

The Board has remanded the case for further development, including obtaining VA examinations and reviewing additional medical records. The Veteran's claims for service connection are related to his active service, with particular focus on exposure to herbicides during his time aboard the USS Midway in Vietnam.

The Board has denied the Veteran's claims of service connection for a left hip condition, lower back condition (abnormal gait), and left knee condition. The Board found that there is no evidence linking these conditions to his military service.

The Board has ordered a remand for the issue of entitlement to service connection for right elbow condition disability due to concerns about substantial compliance with previous remand directives.

The Veteran's right-sided radiculopathy and lumbar spine degenerative disc disease have been rated at 40 percent each, resulting in a combined rating of 80 percent. The Board has granted an initial 40 percent rating for right-sided radiculopathy since January 25, 2019, effective from March 1, 2008.

The Board has remanded several issues related to the Veteran's service connection claims, including bilateral hearing loss, left hip and knee disabilities, right hip disability, left ankle disability, bilateral arm disability, right chest condition, right elbow condition, and right flank condition. The back and right knee disability ratings are also being remanded for further examination.

The Board has restored the appellant's 20 percent evaluation for lumbar spine degenerative joint disease, effective February 8, 2017. The issue of entitlement to a rating in excess of 20 percent remains pending.

The Veteran withdrew the claims for service connection for lumbar strain, a left ankle condition, a sleep disorder, and headaches before the Board could make a decision.