Back / lumbar spine decisions — 2019

The Veteran's right knee, lumbar spine, and obstructive sleep apnea claims are denied as there is no evidence of a current disability related to service.,The Veteran's left foot disability claim is remanded for further examination and evaluation.

The Veteran's claim for a higher rating for lumbar strain and degenerative disc disease was granted, with the effective date being prior to May 2, 2017. The claims for left knee strain, right knee strain, left thumb disability, fracture of the ring and little finger of the right hand, asthma, obstructive sleep apnea, and generalized anxiety disorder were all granted.

The Veteran's appeal is remanded due to the need for updated VA treatment records and an examination to assess the effects of his service-connected back disability with bilateral lower extremity neuropathy and nonservice-connected diabetic neuropathy on his lower extremities.

The Veteran's service connection for pes planus is granted, and the Board finds that his back and hip conditions are aggravated by his service-connected pes planus. The issues of secondary service connection for back and hip conditions to pes planus are remanded.

The Veteran's low back strain has been rated at 10 percent, but the Board granted a higher rating of 40 percent based on additional evidence showing that the Veteran experiences forward flexion to 30 degrees or less during flare-ups.

The Board has remanded the cases of tinnitus, back disorder, and acquired psychiatric disorder (depression) for further development. The effective date for service connection of tinnitus remains October 11, 2013.

The Veteran's right shoulder tendonitis and impingement syndrome are rated at 30 percent. The Veteran’s degenerative disc disease of the thoracolumbar spine with degenerative arthritis is rated at 20 percent prior to August 24, 2017 and 40 percent thereafter. The Veteran's radiculopathy of the sciatic nerve in both legs are each rated at 20 percent. Migraines are rated at 50 percent on an extraschedular basis. TDIU is dismissed.

The Board has remanded the Veteran's claims for low back disability, bilateral knee and ankle disabilities, and acquired psychiatric disorder due to insufficient medical evidence on file. The Veteran is required to undergo VA examinations in order to determine if his current conditions are related to service.

The Veteran's appeal is remanded due to unresolved issues regarding his right foot, lumbar spine, and cervical spine disorders. Other claims are denied.

The Board has remanded the Veteran's claims for chronic fatigue syndrome, pulmonary disorder, coronary artery disease, left ankle disorder, right ankle disorder, left knee disorder, right knee disorder, chronic eye disorder, and lumbar spine disorder. The right elbow disorder claim is also remanded.

The Board has determined that additional evidence is needed and the case is being remanded for further development.

The Veteran's sleep apnea is granted as service connected. The lumbar spine disability claim is remanded for further examination and opinion. The TDIU claim is also remanded.

The Veteran's claims for service connection have been reopened, and her left knee disability has been granted. The remaining issues are remanded for further development.

The Veteran's claim of service connection for lumbar strain is denied as there is no evidence of a current disability or in-service injury.,The Veteran's claim of service connection for hearing loss is denied as the preponderance of evidence does not support a finding that his current hearing loss is related to active service.,The Veteran's claim of service connection for tinnitus is denied as there is no evidence of a current disability or in-service injury.,The Veteran's claim of service connection for eczema, inner ear is denied due to lack of competent evidence of a current disability.

The Board has decided to remand the case due to the need for an updated VA examination to assess the current severity of the Veteran's service-connected low back disability and any associated lower extremity radiculopathy.

The Veteran's son, K.R., was found to be permanently incapable of self-support prior to his 18th birthday due to various disabilities and is recognized as a helpless child for VA benefits.

The Board has granted service connection for lumbar spondylosis, bilateral knee osteoarthritis, and bilateral hip osteoarthritis. The claim of an increased rating for migraine headaches associated with service-connected tinnitus is remanded. The TDIU claim is also remanded.

The Veteran's disability rating for degenerative disc disease of the spine laminectomy with IVDS was reduced from 30 percent to 20 percent. The Board found that there was no evidence of sustained material improvement and restored the original 30 percent rating.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to consider both old and new rating criteria for spine disabilities, as well as obtain additional medical evidence.

The Veteran's claim for a higher rating and effective date for his back disability was denied.,The Veteran's claims for left upper extremity radiculopathy and right lower extremity radiculopathy were granted with an effective date of September 7, 2012.