Back / lumbar spine decisions — 2019

The Veteran's claims for service connection for a back disorder and a bilateral hand skin disorder were denied as new and material evidence was not submitted to reopen the previously denied claims. The Board found no basis to attribute the post-service development of these conditions to his qualifying period of military service.

The Board has remanded the Veteran's claims due to new evidence being associated with his case and a need for additional examinations.

The Board has dismissed the claims of service connection for low back disability and left arm neuropathy due to the Veteran's death. The issue of left arm neuropathy was already granted in a previous rating decision.

The Veteran's claims for increased PTSD rating and TDIU are being remanded due to the need for updated evidence of current severity and a comprehensive opinion on his ability to work.

The Veteran's right upper extremity radiculopathy is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 8510.,The Veteran's lumbar strain is currently rated at 10 percent. The evidence does not support a higher rating as his disability has never resulted in forward flexion of the thoracolumbar spine limited to between 30 and 60 degrees, or combined range of motion not greater than 120 degrees.

The Veteran's PTSD is granted as related to his in-service stressors from service in Vietnam. The low back, eye, and hand/foot numbness disabilities are remanded for further examination and opinion.

The Veteran requested to withdraw his appeals for service connection of a bilateral hip strain as secondary to lumbosacral strain with degenerative joint disease and an evaluation in excess of 20 percent for type II diabetes mellitus with erectile dysfunction.

The Board has determined that the Veteran's appeals have been withdrawn for certain issues. The claims of service connection for PTSD, bilateral lower extremity neuropathy, erectile dysfunction, and a rating in excess of 10 percent for depressive disorder are being remanded due to the need for additional examinations.

The Board has determined that additional examinations are needed to determine the nature and etiology of the Veteran's bilateral shoulder, hip, and foot disabilities. The Veteran is also being asked to provide an examination to assess the severity of his service-connected degenerative arthritis and IVDS of the thoracolumbar spine.

The Board has decided that the reduction of the rating for cervical spine disability from 20 percent to 10 percent, effective March 1, 2011 was not proper and restoration of 20 percent evaluation is granted. The low back condition and right shoulder disability issues are remanded.

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities and a rating in excess of 20 percent for Type II diabetes mellitus. The issues include psychiatric disability (PTSD), lumbar spine disability, left lower extremity neurological disability, right knee disability, left knee disability, right calf disability, left calf disability, hypertension, erectile dysfunction, and bilateral hearing loss.

The Board denied service connection for a low back disability and remanded the claims for increased ratings of knee disabilities, ankle disabilities, heart disability, and sleep apnea. The Veteran's claim for service connection for a low back disability was denied as there is no evidence that it was incurred in or aggravated by service. Claims for increased ratings of knee and ankle disabilities, heart disability, and sleep apnea are remanded due to the need for additional examinations.

The Veteran's low back disability is being remanded for a new examination to assess its current severity, as the April 2016 VA examination did not include passive range of motion measurements or weight-bearing testing.

The Board has reopened the claim for service connection of a low back condition due to new and material evidence, but the issue is remanded for further development.

The Veteran's claims for increased ratings for his service-connected lumbar spine and psychiatric disabilities are being remanded due to the need for additional examinations.

The Veteran's back disorder, including spondylolisthesis and lumbar degenerative joint disease, is found to have been aggravated by service. Service connection for this condition is granted.

The Board has denied the claim for service connection for a back disability, finding that there is no evidence of an in-service injury or chronic condition and that any current symptoms are more likely related to work-related injuries.

The Board denied service connection for bilateral hearing loss, fibromyalgia, migraine headaches with photophobia and aura, back disability, Raynaud’s disease, right lower extremity neuropathy or restless leg syndrome, left lower extremity neuropathy or restless leg syndrome, thyroid disability, and abnormal weight fluctuation.,The Board also remanded the Veteran's claims for service connection for a right hip disability, left hip disability, right knee disability, sleep disability, and skin disability.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection for generalized arthralgia, including degenerative arthritis of hands, left knee strain, degenerative arthritis of the right knee, and degenerative disc disease of the back. The case is being remanded for further examination and opinion.

The Board has reopened the claims for service connection of a back disability, left shoulder disability, and an acquired psychiatric disorder due to new evidence submitted by the Veteran. The claims are being remanded for further development.