Back / lumbar spine decisions — 2019

The Veteran's service-connected low back and right lower extremity disabilities have worsened, necessitating new VA examinations. The increased rating claims are remanded as they could significantly impact the TDIU claim.

The Veteran is granted a TDIU from November 14, 2012 through December 31, 2012. The case was remanded for an extra-schedular TDIU prior to this date, but the Director of Compensation Service denied the claim.

The Veteran's initial rating for degenerative joint and disc disease of the thoracolumbar spine is being remanded due to inadequate examination findings. A new VA examination will be scheduled to assess the current severity of his condition.

The Board has decided to remand several issues related to service connection for various conditions, including low back condition and sleep apnea. The decision is based on the need to obtain VA treatment records that have not been associated with the claims file.

The Board has determined that additional evidentiary development is necessary for the Veteran's claims of entitlement to service connection for headache disability, an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine, and total disability rating due to unemployability prior to January 27, 2017. The Board will address these issues for the purpose of ensuring the issuance of a Statement of the Case (SOC) along with information about the process for perfecting an appeal as to those issues if the Veteran so desires.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea.,Claims for service connection for a low back condition and bilateral hearing loss were denied due to lack of new and material evidence.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment, as they are reflected in the disability ratings assigned.

The Board denied service connection for a cervical spine disability as secondary to service-connected left knee and/or lumbar spine disabilities, finding that the Veteran's cervical spine disability was not caused or aggravated by his service-connected conditions. The TDIU claim was granted from July 2, 2010 to July 8, 2012.

The Board denied service connection for a lumbar spine disability and hypertension, finding no evidence of their onset during active duty or within one year post-service. The Veteran's current conditions are not related to his military service.

The Veteran's TDIU claim is remanded due to the need for additional development, including obtaining medical records and vocational rehabilitation records. The case may also be referred to VA's Director of Compensation Service for consideration of extraschedular TDIU.

The Veteran's TDIU claim is being remanded due to the recent increase in his disability rating for back pain. The increased rating has not been considered yet, and the RO should ensure that it is properly taken into account before deciding on the TDIU.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran’s claims for left shoulder, back, and left knee conditions.

The Board denied the Veteran's claim for service connection for a low back disability, finding that his current diagnosis of lumbosacral strain and degenerative arthritis is not causally or etiologically related to an in-service event, injury or disease. The preponderance of evidence supports a finding that the Veteran’s low back disability did not manifest during service or within one year after separation from service.

The Board has reopened the claim of service connection for a low back disorder and granted it. The psychiatric disorder (including PTSD) claim is remanded due to insufficient evidence.

The Board has denied service connection for a bilateral knee disability due to the lack of evidence showing a current disability. The low back and psychiatric issues are remanded as there is insufficient medical opinion regarding their etiology.

Service connection is granted for left knee disorder, right knee disorder, and low back disorder (claimed as low back pain). Service connection is denied for thyroid disorder. The Veteran's service-connected right foot bunionectomy of the big toe with pin fixation of the second hammertoe and left foot bunion with DJD of the first metatarsophalangeal joint are not aggravated by his other service-connected conditions.,Service connection is granted for left knee disorder, right knee disorder, and low back disorder (claimed as low back pain). Service connection is denied for thyroid disorder. The Veteran's service-connected right foot bunionectomy of the big toe with pin fixation of the second hammertoe and left foot bunion with DJD of the first metatarsophalangeal joint are not aggravated by his other service-connected conditions.

The Board has remanded the case for further development and clarification regarding the Veteran's lumbar spine degenerative disc disease, including obtaining additional VA treatment records and clarifying the meaning of a notation in the examiner's report. The issue of TDIU is also pending.

The Veteran's facet osteoarthritis of the lumbar spine with central canal and foraminal stenosis, tinea pedis (athlete's foot), and hypertension have been granted service connection.,Further examination is needed to determine if there are any residual issues from a shrapnel wound to the stomach.

The Board has remanded the Veteran's claims for service connection due to incomplete STRs and need for further medical examinations. The issues include knee, cervical spine, upper back, foot, IBS, and psychiatric disorders.

The Board has decided to remand the Veteran's claims for left upper extremity peripheral neuropathy, low back disorder, and acquired psychiatric disorder due to potential service connection issues.