Back / lumbar spine decisions — 2019

The Veteran's claims for increased ratings and compensable ratings for his service-connected left ankle fracture and residual scars are remanded due to the need for a new examination and updated treatment records.

The Veteran's service-connected disabilities include a cervical spine disability, bilateral hearing loss, low back disability, and other conditions. The Board has granted entitlement to TDIU since September 27, 2011.,Prior to September 27, 2011, the Veteran’s service-connected disabilities did not meet the threshold requirements for a schedular TDIU. However, the evidence suggests that his service-connected disabilities may impact his employability and should be referred to the Director of Compensation Service for extraschedular consideration.

The Board has remanded the Veteran's claims for service connection for chronic low back pain and chronic neck pain due to a lack of a VA examination.

The Board denied service connection for low back disability, peripheral vascular disease of the left lower extremity, and peripheral vascular disease of the right lower extremity. The Veteran's low back pain did not manifest during active service or within one year after separation from service. His peripheral vascular diseases were also not linked to his time in service.

The Veteran's back disability and associated neurological disorders have been granted a total disability rating based on individual unemployability due to service-connected disabilities as of September 9, 2010.

The Veteran's lumbar spine disability is remanded for a new examination to determine the current severity of his condition, and for obtaining updated VA treatment records. The TDIU claim is also remanded.

The Board has remanded the Veteran's claims of service connection for a back disability and bilateral foot disabilities due to incomplete records, including lack of STRs from his active duty period in the Navy. The Veteran is asked to provide releases for any relevant VA treatment records and undergoes examinations if necessary.

The Veteran's right wrist carpal tunnel syndrome and osteoarthritis, as well as his degenerative disc disease of the lumbar spine, are all granted service connection. The Board found that these conditions were related to in-service injuries.

The Veteran's claims for service connection for right knee DJD, left knee DJD, lumbar spine DDD, and right plantar fasciitis have been granted. The evidence submitted since the May 1995 rating decision is considered new and material as it relates to an unestablished fact necessary to substantiate these conditions.

The Board has granted service connection for arthritis in the back and neck, both secondary to the Veteran's service-connected left knee strain with arthritis.

The Board has dismissed the appeals for tinnitus and hernia disability as the Veteran requested withdrawal of these issues. The remaining issues have been remanded for further development.

The Board has dismissed the Veteran's claims for service connection of a back condition, migraines, and major depressive disorder (anxiety disorder). The remaining issues have been remanded.

The Veteran's appeal is remanded for further development, including consideration of a TDIU claim.

The Board affirms the reduction of the Veteran's disability rating from 50 percent to 20 percent for his lumbar spine disability due to clear and unmistakable error (CUE) in the May 2015 rating decision, which incorrectly found unfavorable ankylosis. The appeal is denied.

The Board has remanded the claims for service connection due to insufficient evidence and will provide a VA examination to determine if there is a current diagnosis of an acquired psychiatric disorder, including PTSD and depression. The TDIU claim is also being remanded.

The Veteran's claim for a higher rating for lumbar spondylosis prior to May 26, 2017 is denied as the medical evidence does not support a rating in excess of 10 percent.

The Board has remanded several issues for further development and consideration, including service connection claims for GERD, low back condition, right hip condition, bilateral foot condition, and lower extremity radiculopathy. The effective date of the grants of service connection is also being considered.

The Veteran's lumbar DDD disability has not been manifested by unfavorable ankylosis of the entire thoracolumbar spine, and therefore, a rating in excess of 40 percent is denied.

The Veteran's appeal of the issue of entitlement to service connection for pharyngitis is dismissed. The Board has remanded issues regarding low back disability, ischemic heart disease, erectile dysfunction, chest scar, and type II diabetes mellitus due to Gulf War exposure.

The Veteran's left knee disability is secondary to his service-connected right ankle disability, and his spinal stenosis and degenerative disc disease of the lumbar spine are also secondary to his service-connected right ankle and left knee disabilities. Service connection has been granted for these conditions.