Back / lumbar spine decisions — 2019

The Veteran's appeal for an initial compensable disability rating for service-connected erectile dysfunction and entitlement to an effective date earlier than September 1, 2013 for the grant of entitlement to service connection for erectile dysfunction and radiculopathy, left lower extremity has been dismissed.,The Veteran's appeals for initial increased ratings for service-connected lumbar strain and left lower extremity radiculopathy have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to service connection for right and left foot disabilities have been remanded as the preexisting bilateral pes planus noted upon entry into service may have undergone an increase in disability during active duty service. An addendum medical opinion is needed to address this issue.,The Veteran's appeal for initial increased ratings for service-connected lumbar strain has been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to an initial compensable disability rating for service-connected radiculopathy, left lower extremity have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeal for entitlement to a separate rating for exertional compartment syndrome in his right foot has been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to service connection for a left foot disability have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeal for an initial compensable disability rating for service-connected traumatic brain injury has been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to an initial disability rating in excess of 10 percent for service-connected left knee patellofemoral disability have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeals for entitlement to an initial disability rating in excess of 10 percent for service-connected right knee patellofemoral disability have been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.,The Veteran's appeal for effective date earlier than July 18, 2017 for the increased 50 percent disability rating awarded for service-connected migraine headaches has been remanded due to incomplete private treatment records from PFM, MCFO, and CS&KS. The RO is instructed to obtain these records and update the electronic claims file with all outstanding VA treatment records.

The Veteran's appeals for increased ratings for patellar tendonitis, right knee and tinnitus have been dismissed. The Board has also remanded the issue of service connection for a lower/mid back disorder.

The Board has remanded the Veteran's claims of service connection for right hip and low back conditions due to a motor vehicle accident in service. The records from Fort Ord Army hospital need to be obtained, and VA examinations are needed to determine if these conditions are related to his military service.

The Veteran's claims for service connection for degenerative arthritis of the thoracolumbar spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity were denied effective December 3, 2013.

The Veteran's right shoulder and back disabilities are being remanded for new examinations to determine their current severity, as the previous examinations did not fully satisfy the requirements of Correia v. McDonald (2016) and Sharp v. Shulkin (2017).

The Board has decided to remand the case due to insufficient examination regarding the Veteran's low back disability, and a new opinion is needed from an appropriate clinician.

The Board has reopened the claims of service connection for left and right foot conditions, back disability, and obstructive sleep apnea. However, the preponderance of evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Veteran's claims for service connection have been granted, and the right ankle sprain with instability has also been granted. The ratings for these conditions remain at 30 percent.

The Veteran's claims for an increased rating for his service-connected lumbar spine disability and TDIU are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has remanded the Veteran's claims of service connection for left leg length discrepancy, bilateral pes planus with plantar fasciitis, inguinal hernia on both sides, and a low back strain due to failure to readjudicate these issues in an SSOC as directed by the August 2016 Board remand.

The Board has remanded several issues related to the Veteran's claims, including hypertension, renal disability, back disability, ischemic heart disease, liver disability, bilateral foot disability, and neuropathy of the lower and upper extremities. The issues have been remanded for additional development.

The Board has remanded the case for further examination and consideration of a cervical spine disability, as well as service connection for the Veteran's low back and right hand conditions. The issues remain pending.

The Board has remanded the claims for additional VA examinations to determine the current severity of the Veteran's degenerative joint disease of the cervical spine, lumbar spine, left shoulder, and right shoulder. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's claims for service connection are remanded due to the need for additional development regarding his exposure history and medical opinions.

The Veteran's appeals to service connect suppurating ulcers on the right and left legs, diabetes mellitus, and a temporary total rating for a condition necessitating convalescence have been withdrawn.,New evidence has reopened claims of service connection for a left knee disorder and a lumbar spine disorder. The Board will now review these reopened claims.

The Veteran's TDIU claim was previously denied, and the Board is remanding it for further development due to insufficient evidence of unemployability based on his service-connected disabilities. The case will be referred to the Director of VA’s Compensation Service for an extraschedular determination.

The Veteran's PTSD has been granted a rating of 70% for the period prior to March 29, 2011 and a rating of 50% from March 29, 2011 to June 27, 2017. The TDIU claim is also granted for this period. Service connection for back disability was previously remanded and an additional opinion is needed. The Veteran's TDIU claim from March 29, 2011 to June 27, 2017 is being referred for extraschedular consideration.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a lumbar spine disability and neuropathy of the right lower extremity, as secondary to his service-connected lumbar spine disability. The case will be returned to the Board after compliance with appellate procedures.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to missing medical records, lack of compliance with VA examination requirements, and inextricability between the issues.

The Board denied payment or reimbursement for unauthorized medical expenses incurred at North Oaks Medical Center (NOMC) on November 30, 2015, due to the Veteran's condition not being an emergency and VA facilities being feasibly available.