Back / lumbar spine decisions — 2019

The Veteran's claim for a higher rating for his back disability is denied as the evidence does not show that he meets or approximates the criteria for a rating in excess of 10 percent prior to October 13, 2009 and 40 percent from October 13, 2009 forward.,The Veteran's claim for an earlier effective date for his right lower extremity radiculopathy is denied as the evidence does not show that he meets or approximates the criteria for a separate compensable rating prior to October 13, 2009.

The Veteran's service-connected disabilities, including bilateral pes planus, left ankle talocalcaneal coalition with associated left tibialis posterior tendonitis, and other orthopedic conditions, render him unemployable prior to August 1, 2016.

The Board has denied service connection for various conditions, including bilateral shoulder joint pain, neck pain, and hip joint pain. The Veteran's disabilities are not considered to be related to his military service.

The Board has decided that the Veteran's claims for service connection for right lower leg and low back disabilities need further examination to determine their etiology.

The Board has remanded the claims due to insufficient evidence for service connection of various conditions, including a back disorder, sinus disorder, left shoulder disorder, right foot disorder, and knee disorders. The Veteran's assertions will be evaluated in conjunction with medical examinations.

The Board has found that remand is necessary due to the failure of the RO to include certain issues in the supplemental statement of the case, specifically regarding the initial ratings for radiculopathy of the right lower extremity involving the femoral and sciatic nerves. The Veteran's claims are now on appeal as a result.

The Board has determined that the Veteran's diabetes mellitus, type II, requires only restricted diet and an oral glycemic agent during the period on appeal. The issues of service connection for a right shoulder disability, cervical strain, degenerative joint disease of the lumbar spine, psychiatric disability (to include depression), initial increased evaluation for left lower extremity peripheral neuropathy, initial evaluation in excess of 20 percent for right lower extremity peripheral neuropathy, and TDIU are remanded due to insufficient medical opinions regarding etiology.

The Board has remanded the Veteran's appeal for a total disability rating based on individual unemployability (TDIU) due to service-connected residuals of traumatic brain injury (TBI). The issue will be reconsidered with consideration given to all service-connected disabilities, but not any other disabilities. Deliberation of whether referral for extraschedular TDIU is required prior to December 21, 2017 should also be considered.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and thus grants his claim for TDIU.

The Veteran's claim for service connection for a low back disability is granted and remanded due to the need for additional evidence.

The Board has decided to remand the case due to inadequate examination and missing treatment records, which may affect the rating for the Veteran's low back disability.

The Veteran's claims of service connection for low back pain and an acquired psychiatric disorder have been denied. The Board found that the evidence did not establish a direct relationship between the conditions and military service.

The Board has reopened the Veteran's claim for service connection for sinusitis and remanded her claims for service connection for migraines, low back disability, reduction of rating, and right lumbar radiculopathy. The case is also referred to the RO for consideration of vocational rehabilitation records.

The Veteran's service-connected disabilities are rated at 90 percent combined, and the Board finds that they preclude his participation in substantially gainful employment consistent with his education and work experience. A TDIU rating is granted.

The Veteran's tinnitus has been granted service connection. The lumbosacral strain is rated at the lowest possible rating of 10 percent, and no higher ratings are warranted due to lack of limitation in motion or other compensable symptoms.

The Board has remanded the case due to incomplete records and need for a new medical opinion regarding the Veteran's low back disorder. The appeal is not about service connection under the PACT Act, Agent Orange, Camp Lejeune, or any other exposure basis.

The Veteran's claim for a higher initial rating for his back disability and entitlement to TDIU was granted, resulting in an attorney fee of 20% of the past due benefits. The decision is remanded to determine if the attorney fees are reasonable.

The Veteran's erectile dysfunction, scar from heart surgery, and other conditions have been granted service connection. A 10% rating has been assigned for bilateral hearing loss as of September 11, 2018.

The Board dismissed the Veteran's appeal for bilateral knee disabilities. The issues of service connection for a low back disability and an acquired psychiatric disorder (including depression, anxiety, drug dependence, alcohol dependence, and PTSD) are remanded.

The Veteran's claims for service connection for gastrointestinal disorder, lumbar spine disorder, bilateral hearing loss, tinnitus, sleep apnea, and migraine headaches have been denied as secondary to his service-connected knee disability. The claim for broken tooth and residual abscess in the mouth for compensation purposes has also been denied.,Service connection is not granted for any of the conditions listed above due to lack of evidence linking them to service or a service-connected condition.