Back / lumbar spine decisions — 2019

The Veteran's claims for increased ratings for degenerative arthritis of the lumbar spine and left lower extremity radiculopathy are being remanded due to his failure to report for scheduled VA examinations. The cases will be rescheduled for further evaluation.

The Board has remanded the case due to inadequate VA examinations, and a new examination is required to determine the current severity of the Veteran's low back disability.

The Veteran's service connection claim for spinal arthritis to include as secondary to left shoulder DJD is denied. The Veteran's increased rating claims for left shoulder DJD and bilateral pes planus with plantar fasciitis are also denied. The TDIU claim is denied.

The Veteran is granted an earlier effective date of June 21, 2012 for a 40 percent evaluation for degenerative disc disease with spondylosis of the thoracolumbar spine.

The claims for TDIU, service connection for an acquired psychiatric disorder, and increased rating for degenerative changes of the lumbar spine are being remanded due to incomplete development.

The Veteran's lumbar spine disability is denied as it is not related to her military service.,Her left upper extremity neurological disability, claimed as carpal tunnel syndrome and trigger thumb, is granted as the preponderance of evidence supports a relationship with her military service.,Her right upper extremity neurological disability, claimed as carpal tunnel syndrome, trigger thumb, and residuals of a ganglion cyst removal, is also granted for similar reasons.

The Veteran's claims for increased ratings for his lumbosacral strain, intervertebral disc syndrome with degenerative arthritis of the spine and left lower extremity radiculopathy are being remanded due to outstanding VA and private treatment records that need to be obtained.

The Veteran's claim for PTSD with major depressive disorder, a back disorder, and an increased rating for herpes progenitalis from September 30, 2014 to September 29, 2015 have been granted. The effective date is set at the filing of the claim on September 30, 2015.

The Board has determined that the Veteran's claim for a higher rating for his low back disability is denied, and he is not entitled to TDIU based on schedular criteria. The appeal is dismissed.

The Veteran's calluses and low back disorder were not related to service, and the evidence does not support a finding of continuity of symptomatology.,There is no credible supporting evidence that the Veteran experienced an in-service stressor for PTSD.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including headaches, surgical scars of the low back, right lower extremity radiculopathy, degenerative disc and joint disease of the low back, left lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (femoral nerve), and PTSD. The remand includes obtaining updated VA treatment records, conducting new examinations to determine the nature and cause of the Veteran's disabilities, and providing a new rating for his service-connected PTSD.

The claim for a back disorder is granted, and the Veteran receives a rating of 50 percent from January 19, 2016. The right knee disorder claim remains denied. The PTSD claim is granted with an increased rating to 50 percent.

The Board has remanded the Veteran's claims of service connection for low back and left knee disabilities due to lack of a VA examination, incomplete medical records, and need for further analysis.

The Board has remanded the Veteran's claims for higher initial ratings for his left shoulder, lumbar spine, and bilateral knee disabilities due to inadequate examination reports.

The Veteran's claims for service connection have been dismissed due to withdrawal of the claims. The Board has remanded the issues regarding positional obstructive sleep apnea and gastroesophageal reflux disease.

The Veteran's claim for an extraschedular rating in excess of the additional 10 percent assigned for his thoracolumbar spine disability was denied. The Board found that the impairment caused by the service-connected condition is commensurate with no more than a 30% average impairment of earning capacity.

The Veteran's back disability is rated at the maximum of 20 percent, and a higher rating is denied as his forward flexion did not reach 30 degrees or show ankylosis.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to the need for additional examinations.,Service connection claims for a low back condition, hysterectomy, migraine headaches, PTSD, and hypertension remain pending.

The Board has remanded the case due to incomplete information and need for additional medical opinions regarding the Veteran's cervical spine disability.

The Veteran's appeal for increased ratings for lumbar DDD has been dismissed as she withdrew her claim prior to the promulgation of a decision.