Back / lumbar spine decisions — 2019

The Board has decided to remand the case due to lack of substantial compliance with previous remand directives, specifically regarding a VA medical opinion on the etiology of the Veteran's low back disability. The case will be returned for another examination and medical opinion.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and need for additional evidence.

The Board denied service connection for asthma, left ankle disability, hypertension, DDD of the lumbar spine, and left hip disability as there was no evidence linking these conditions to military service.

The appeal for an evaluation in excess of 10 percent for bilateral tinnitus is dismissed. Headaches are not productive of prostrating attacks and do not warrant a compensable rating. Service connection for left knee strain and right knee disability is denied as there is no evidence of such conditions during service or related to service. The Veteran's current right knee disability is remanded due to the lack of a diagnosis in the medical records.

The Veteran's service-connected disabilities, including obstructive sleep apnea with COPD and irritable bowel syndrome, have rendered him unable to maintain substantially gainful employment.

The Veteran's major depressive disorder associated with recurrent lumbosacral strain is being remanded for a new VA examination to assess the current severity of his service-connected conditions.

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another for the period prior to October 14, 2019. The Board finds that his need for regular aid and attendance is established based on his difficulty with dressing, hygiene needs, attending to wants of nature, and physical or mental incapacity.

The Veteran's appeal is being remanded for additional examinations to assess the severity of his service-connected conditions, including gout, hypertension, GERD and IBS, lumbar spine degenerative arthritis, right knee status post anterior cruciate ligament repair, left knee patellofemoral pain syndrome, and right lower extremity surgical scars. The Veteran contends that he should have higher initial ratings for these disabilities.

For the initial rating period from June 10, 2010 to April 3, 2016 (excluding two periods of a temporary total rating), a 40 percent rating for DDD of the lumbar spine is granted.,For the initial rating beginning April 4, 2016, a rating in excess of 40 percent for DDD of the lumbar spine is denied.

The Board has determined that the Veteran's lumbar spine, cervical spine, and bilateral hip disabilities are not service connected as they did not manifest during or within one year after service. The right hand/wrist disorder is also not service connected due to lack of continuity of symptomatology.

The Board has granted service connection for the Veteran's back and neck disabilities, finding that these conditions are related to his military service.

The Board has remanded the issues of service connection for cervical, lumbar, thoracic spine disabilities and a right hip disability due to insufficient evidence. The Veteran's claims are not yet decided.

The Board has ordered the AOJ to issue a Statement of the Case for the radiculopathy issues, specifically left lower extremity. The AOJ is also instructed to schedule the Veteran for a VA examination to determine the nature and etiology of his claimed radiculopathy in both lower extremities.

The Board denied service connection for a left knee condition and a lower back condition, finding that there was no evidence of such conditions during or immediately after service, and the Veteran's current conditions are not causally related to his military service.

The Board has remanded the Veteran's claims for service connection for back, left shoulder, and right shoulder disabilities due to outstanding in-service treatment records. The claims will be reviewed after obtaining these records.

The Board has determined that additional examinations are needed for the Veteran's bilateral knee and right leg disabilities, as well as his spinal disability and left lower extremity radiculopathy. The issues of service connection and TDIU have also been remanded.

The Board has remanded the Veteran's claims for an initial evaluation higher than 20 percent, prior to March 14, 2016, and an increased evaluation in excess of 40 percent since March 14, 2016, for degenerative arthritis of the lumbar spine L2-4 status post-surgery due to inadequate examination reports.

The Veteran's PTSD is granted a rating of 50% effective December 6, 2019. Service connection for the neck disability is denied.

The Board denied the Veteran's claims for increased ratings for his service-connected lumbar spine, left shoulder, and left leg disabilities due to a lack of medical evidence showing an increase in severity.

The Board has remanded the Veteran's claims for service connection for thoracic and lumbar spine disorder, as well as cervical spine disorder. The VA will need to provide additional medical opinions regarding the etiology of these conditions based on the Veteran's in-service injuries and her continuous symptoms since separation from service.