Back / lumbar spine decisions — 2019

The Veteran's appeal is REMANDED for additional development, including obtaining VA treatment records and scheduling a new examination. The issues of increased ratings for various conditions are also remanded.

The Board has remanded several claims due to the need for further development and examination. The main issues are related to service connection, rating higher than 30 percent for bilateral pes planus, and psychiatric disability.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's cervical spine degenerative disc disease. The Veteran seeks service connection for this condition, which is currently under review.

The Veteran's claims for service connection for PTSD and residuals of a traumatic brain injury are granted. The claim for low back disability is remanded due to insufficient evidence.

The Veteran's lumbar spine disability and related radiculopathy conditions are remanded for further evaluation due to the need for a new VA examination.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and the Board has found that he meets the schedular criteria for a TDIU as of October 10, 2017. However, the case must be referred to the Director of Compensation Service for consideration of entitlement to a TDIU on an extra-schedular basis prior to this date.

The Board denied service connection for right and left shoulder conditions, as well as a back condition. The evidence did not support the Veteran's claims that these conditions were related to his military service.,Service connection for hypertension was also denied, with the Board finding no relationship between the Veteran’s hypertension and his diabetes mellitus type II.

The Veteran's notice of disagreement with the June 2010 rating decision denying service connection for a back disability was timely. The issue of entitlement to an earlier effective date for the grant of service connection for tinnitus is remanded.

The Board denied the Veteran's claims for service connection for diabetes mellitus and low back disorder, finding no evidence of a nexus between these conditions and his military service. The claim for an increased rating for bilateral hearing loss prior to December 21, 2017, was also denied.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA examination. The issues of entitlement to separate evaluations for left lower extremity radiculopathy, rating in excess of 10 percent for lumbar DDD and IVDS prior to January 11, 2017, rating in excess of 20 percent from January 11, 2017 to October 17, 2017, and a rating in excess of 10 percent from October 18, 2017 and thereafter are remanded. The issue of entitlement to TDIU is also remanded.

The Veteran's major depressive disorder with anxious distress is granted a 70% rating on and after March 27, 2017. The Board finds the evidence most consistent with a 70% disability rating for depression throughout the period on appeal. Service connection for back, left knee, and sleep apnea disabilities are remanded due to incomplete records and insufficient nexus opinions.

The Veteran's thoracolumbar spine disorder is not service-connected as it was not caused by or permanently worsened in severity by a service-connected disability.

The Veteran's degenerative arthritis of the lumbar spine was rated at 10 percent from February 27, 2011 to July 2, 2013. The Board found that his disability met or approximated the criteria for a 10 percent rating during this period but denied any higher ratings due to lack of evidence showing specific functional limitations.

The Veteran's claim for a higher rating for his lumbosacral spine disability was denied, and the claim for TDIU prior to July 5, 2011, is also denied.

The Veteran's initial rating for allergic rhinitis is granted before March 27, 2015. The Veteran's service connection claims for lumbar spine disability, bilateral knee condition, and bilateral leg condition are remanded.

The Board has dismissed the appeals for bilateral hearing loss, effective dates prior to July 9, 2012, for right and left lower extremity radiculopathy, and service connection for tinnitus. The remaining issues have been remanded for further evaluation.

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

The Veteran's claims for various disabilities, including sleep disorder, respiratory disorder, acne scar disability, right shoulder disability, thoracolumbar spine (back) disability, left and right wrist disabilities, left and right knee disabilities, shin splints, and ankle disabilities have been denied as there is no current diagnosis of any of these conditions.

The Board has granted service connection for degenerative joint disease (arthritis) and degenerative disc disease of the lumbar spine, finding that the Veteran's current back disability is at least as likely as not related to his in-service injuries.

The Veteran's appeals for increased ratings on his right elbow, hip, knee, and lumbar disabilities are remanded due to the need for additional examinations.