Back / lumbar spine decisions — 2019

The Veteran's disability rating for joint pain associated with the ankles, hips, elbows, and lumbosacral spine was reduced from 20 percent to 10 percent. The Board has restored the 20 percent rating effective February 1, 2017.

The Board has remanded the claims for service connection for cervical spine, left shoulder, right knee, and left knee disabilities due to incomplete development and lack of a nexus opinion regarding secondary service connection.

The Veteran's back disability is rated at 20 percent, and his MDD with substance abuse disorder is rated at 70 percent. Both ratings are denied.

The Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 was denied as his residuals from an extended spinal epidural abscess were not caused by VA treatment.

The Veteran's lumbar spine degenerative joint disease is granted as service connected. The issues of service connection for a left knee disability and other lumbar spine disabilities are remanded.

The Board has remanded the Veteran's claims of service connection for low back disability, pelvic inflammatory disease, and headaches due to a lack of evidence regarding their onset or relationship to service.

The Board has determined that additional evidence is needed to determine the nature and etiology of any left shoulder, back, right knee, or left knee disorders. The case will be remanded for further development.

The Veteran's claims for increased ratings for cervicalgia with bulging disc and DDD, as well as scoliosis, DDD and DJD with arthritic changes prior to June 12, 2015 were denied. The criteria for these conditions have not been met.

The Veteran's degenerative arthritis of the lumbar spine is currently rated at 20 percent since December 6, 2017. The claim for an initial evaluation higher than 20 percent is denied. The issue of entitlement to a compensable rating prior to December 6, 2017 is remanded due to lack of relevant medical records.

The Veteran's tinnitus was granted service connection as it had onset within one year of separation from active service.

The Board has reopened the claims for service connection for fibromyalgia, polyarthralgia (cervical spine), and polyarthralgia (thoracolumbar spine) based on new evidence received since the last final rating decision. The claim for respiratory disability is also remanded.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted TDIU on a schedular basis.

The Veteran's appeal for a higher rating for his bilateral recurrent plantar callouses is remanded due to the need for additional medical records and an examination.

The Veteran's claims for service connection for left lower extremity radiculopathy and a rating in excess of 20 percent for his lumbosacral strain and right lower extremity radiculopathy are remanded due to unclear diagnoses and functional limitations.

The Veteran's claim for special monthly compensation (SMC) based on the need of regular aid and attendance of another person is denied because there is no evidence that he needs such assistance due to his service-connected conditions.

The Board has determined that the Veteran's degenerative disc disease and degenerative joint disease of the lumbar spine are etiologically related to his military service, granting service connection.

The Veteran's service-connected disabilities (PTSD, Major Depression, and lumbar spine condition) render him unable to secure or follow substantially gainful employment.

The Board has determined that new and relevant service treatment records have been submitted, necessitating a de novo review of the claims for service connection. A VA examination is required to determine if any diagnosed disabilities are related to active service.

The Board has restored a 40% evaluation for the Veteran's service-connected thoracolumbar spine disability effective July 1, 2015. The case is remanded due to issues with entitlement to TDIU.

The Board has reopened the Veteran's previously denied claims for service connection for a back disability other than spina bifida and for tinnitus. However, it has not found new and material evidence to support his claim of service connection for spina bifida. The rating for tinnitus remains at 10%.