Back / lumbar spine decisions — 2019

The Veteran's cervical and lumbosacral strain disabilities have been granted service connection, but the RO assigned initial 10 percent evaluations. The Veteran disagrees with these ratings and has requested higher ratings. The Board finds that additional VA examinations are needed to determine the current severity of his cervical and lumbosacral spine conditions.

The Veteran's appeal for service connection for Hepatitis C has been withdrawn.,The claim of compensation under 38 U.S.C. § 1151 for iliac nerve damage caused by VA surgical treatment in December 2008 is denied as the evidence does not show that the additional disability was proximately caused by negligence, lack of proper skill, error in judgment or an event not reasonably foreseeable.

The Board found no evidence of a back injury during service and denied the claim for service connection as there is not enough evidence to link current back disability to service.

The Veteran's claims of service connection for bilateral knee pain and back pain are remanded due to the need for additional development, including scheduling VA examinations. The issues of rating in excess of 50 percent for service connected persistent depressive disorder and earlier effective date prior to December 8, 2015 for service connected persistent depressive disorder are also remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient development and examination. The issues include right shoulder, middle finger, knee, foot, back, breast reduction surgery, cervical dysplasia (claimed as cancerous-type tissue), migraine headaches, and carpal tunnel syndrome.

The Veteran's service-connected thoracolumbar spine disability and associated bilateral lower extremity radiculopathy are being remanded for further development, including scheduling a new VA examination to assess the current severity of his disabilities.

The Board has granted service connection for obstructive sleep apnea. The remaining issues have been remanded due to the need for additional examinations and opinions.

The Board has denied the Veteran's claims for service connection for left knee patellofemoral syndrome/degenerative joint disease (DJD), right knee patellofemoral syndrome/DJD, and lumbar spine disorder. The issues of service connection for left lower extremity sciatic nerve damage and right lower extremity sciatic nerve damage are remanded due to the need for additional development.

The Veteran's lumbosacral strain with intervertebral disc syndrome and left lower extremity radiculopathy are granted service connection. Right lower extremity radiculopathy is denied, but the case for right lower extremity radiculopathy is remanded due to lack of a current diagnosis. Sleep apnea is also remanded.

Entitlement to increased ratings for radiculopathy of the left lower extremity and degenerative joint disease of the lumbar spine is denied.,Entitlement to a 40 percent rating for radiculopathy of the right lower extremity prior to June 5, 2007, is granted.

The Veteran's cervical spine degenerative disc disease is currently rated at 30 percent, and the appeal for a higher rating is denied.,A separate 40 percent rating for right upper extremity radiculopathy as of May 10, 2017, is granted. The appeal for a higher rating is denied.,The Veteran's lumbar spine degenerative disc disease is currently rated at 20 percent and the appeal for a higher rating is denied.,A separate 10 percent rating for right lower extremity radiculopathy was proper prior to May 10, 2017. The appeal for a higher rating is denied.,The Veteran's surgical scar of the cervical spine is currently rated as noncompensable and the appeal for a higher rating is denied.,The Veteran's surgical scar of the lumbar spine was properly assigned a noncompensable rating and the appeal for a higher rating is denied.

The Veteran's service connection claim for fibromyalgia is granted. The claims for back disability, headache disability, memory loss, and speech disability are reopened.

The Veteran's low back disorder, diagnosed as degenerative disc disease with herniated nucleus pulposus and bilateral radiculopathy, is found to be related to his military service. The claim for service connection is granted.

The Veteran's service-connected disabilities, including a lumbar spine disability, ocular disability, chronic cervical strain, left ankle disability, right knee disability, tinnitus, glaucoma, and bilateral hearing loss, produced total occupational impairment. The Board granted TDIU for accrued benefit purposes.

The Board has remanded the Veteran's claims for service connection for various disabilities, including depressive disorder NOS, right-hand disability, lumbar and cervical spine disabilities, left-hand disability, bilateral hip disability, and left-knee disability. The claims are being returned to VA for further development.

The claim for service connection for erectile dysfunction is granted as secondary to a psychiatric disorder. The claims for service connection for left leg disability, acquired psychiatric disorder to include PTSD, right knee disability, left knee disability, and low back disability are all granted.

The Board has determined that the Veteran's lumbar spine disorder is related to service, and thus grants service connection for this condition.

The Board has remanded the Veteran's claims for additional examinations and opinions to determine the nature and etiology of his claimed conditions, including residuals of a head injury and thoracolumbar spine disorder.

The Board has remanded the claims for service connection due to procedural confusion and the need for further evidentiary development, including obtaining updated VA treatment records and scheduling a VA examination.

The Veteran's initial claim for an increased rating for bilateral sensorineural hearing loss was denied, and the case is remanded.,The Veteran's claims for increased ratings for status post laminectomy, lumbosacral spine and radiculopathy of the left lower extremity associated with status post laminectomy, lumbosacral spine are remanded.,The Veteran's claim for a TDIU is also remanded.