Back / lumbar spine decisions — 2019

The Veteran's claims for respiratory disorder, obstructive sleep apnea, back disorder, bilateral leg disorder, right foot disorder, and stomach disorder have been remanded due to the need for additional medical opinions.

The Board has remanded the claims for an extraschedular evaluation in excess of 20 percent for lumbar spine disability, increased evaluations for bilateral lower extremity radiculopathy, and a TDIU claim due to additional development being required.

The Veteran's lumbar spondylosis and right (dominant) shoulder strain have been rated at the maximum allowed under their respective diagnostic codes.,The Veteran's bilateral plantar fascitis has not met the criteria for a higher rating.

The Veteran's appeal for TDIU due to gastroesophageal reflux disease (GERD) is dismissed as his PTSD, which he claimed for TDIU, has been rated at 100% since June 30, 2010. The issue of service connection for GERD is also dismissed as the benefit sought on appeal has been granted.

The Board has granted service connection for a right shoulder disability and a low back disability, finding that the Veteran's current conditions are at least as likely as not related to his in-service falls.,Service connection was denied for residuals of a traumatic mouth injury, including loss of teeth (dental condition), due to lack of evidence showing bone loss of the maxilla or mandible from trauma.

The Board has remanded the claims for further development due to new evidence submitted by the Veteran's representative.

The Board has remanded the case for further development, including a new VA examination to assess the Veteran's left knee disability. The claims of service connection for degenerative disc disease of the thoracolumbar spine and cervical spine remain in dispute.

The Board has determined that the Veteran's appeals for service connection and rating issues require additional examinations and evidence to determine the etiology of his disabilities, as well as the appropriate disability ratings. The appeal is being remanded due to incomplete records and potential new evidence.

The Board has found that the VA examinations and opinions related to the Veteran's claimed disabilities have not been conducted or obtained as required by prior remand instructions. Therefore, the appeal is being returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's lumbar spine disability, which includes fractures and kyphoscoliosis, is rated at 40 percent prior to July 12, 2019. On and after that date, the rating remains at 40 percent.

The Board denied the Veteran's claims for service connection for erectile dysfunction and an increased rating for his lumbosacral spine DDD. The claim for service connection was denied due to insufficient evidence of a current disability, while the increased rating claim was denied as there is no evidence that the Veteran’s condition has worsened beyond what is contemplated by the current 40% rating.

Prior to November 22, 2017, the Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment.,Since November 22, 2017, the Veteran has a combined rating of 80 percent for his service-connected disabilities and is rated at 100 percent for kidney cancer. His TDIU claim is denied as he can secure and follow substantially gainful employment.

The Board has remanded the Veteran's claims for low back disability, right knee disability, and sleep disorder due to incomplete medical records and the need for additional examinations.

The Veteran's claim for an increased rating for degenerative disc disease of the lumbar spine prior to August 14, 2017 is denied. The claim for an increased rating in excess of 50 percent from August 14, 2017 is granted.

The Board has determined that the Veteran's claims for service connection have been reopened and are being remanded to obtain additional medical opinions regarding his hearing loss, tinnitus, and back disorder. The claims will be considered on their merits.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further medical opinions regarding his low back disability and acquired psychiatric disorder.

The Veteran's claims for service connection are granted, and the Board finds new and material evidence to reopen these claims. The remaining issues of back disability, neck disability, ED, residuals of groin injury, and headaches are remanded for further development.

The Board has granted service connection for a lower back disability, finding that the Veteran's current condition is related to his in-service injury and established continuity of symptomatology since separation from service.

The Veteran's headaches, low back disability, right hip disability, left hip disability, right knee disability, left knee disability, and right ankle disability are all granted as secondary to his service-connected left ankle disability.

The Board has granted service connection for degenerative disc disease with multilevel facet arthropathy and bilateral lower extremity radiculopathy, including sensory motor polyneuropathy, as secondary to the Veteran's now service-connected lower back disability.