Back / lumbar spine decisions — 2019

The Veteran's claims for increased ratings for lumbar spine degenerative arthritis and right knee degenerative changes were denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's claim for service connection for a back disability is reopened and remanded. The claim for service connection for neuropathy of the left lower extremity, to include as secondary to the back disability, is also remanded.

The Board has remanded the Veteran's claims for additional development due to inadequate May 2017 VA examinations concerning his cervical spine and right shoulder disabilities. The AOJ is required to procure new examination reports in which an examiner opines about the extent of functional limitations during flare-ups.

The Board has found that additional development is necessary to comply with VA's duty to assist before a final adjudication of the Veteran's claims can be accomplished. The Veteran’s service treatment records show treatment and diagnoses for some of the claimed conditions, but there are gaps in her medical history since she left active military service.

The Board has remanded the Veteran's claims for service connection for a back disability and an opioid use disorder, as these issues are inextricably intertwined with the pending appeal of his back disability claim. The VA will obtain all relevant treatment records and schedule the Veteran for a VA examination to determine the nature and etiology of his claimed back disability.

The Board has remanded the Veteran's claims for an earlier effective date for TDIU and SMC based on need for regular aid and attendance and/or housebound status due to ongoing medical conditions.

The Veteran's claim for an effective date prior to July 18, 2013 for tinnitus was denied as there were no earlier claims filed.,Claims for cervical spine disability, lumbar spine disability, and left upper extremity radiculopathy were dismissed due to lack of appeal within one year of the assigned effective dates.,The Veteran's claim for an effective date prior to May 7, 2012 for bilateral knee osteoarthritis was also dismissed as there were no earlier claims filed.,Claims for service connection for a bilateral hearing loss disability, acquired psychiatric disorder (PTSD), pseudofolliculitis barbae, left shoulder disability, and left arm disability are remanded due to the need for additional evidence.,The Veteran's claim for an increased rating for lumbar spine disability is remanded as there may be outstanding VA treatment records that have not been associated with his claims file.,The Veteran's claim for an increased rating for cervical spine disability is also remanded, and a psychiatric examination is needed to determine the relationship between current psychiatric disorders and service.

The Board has determined that the Veteran's current right lower extremity neurological disorder, diagnosed as lumbar radiculopathy, had its onset in service and granted service connection for this condition.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations.,An effective date earlier than June 20, 2016 is denied for the grant of a 20 percent disability rating for lumbar degenerative disc disease with degenerative arthritis.

The Board has decided to remand two issues related to service connection for a lumbar spine disability and a nerve disability of the right leg. The Veteran's claims are being reviewed due to lack of VA examination in relation to these conditions.

The Veteran's service connection claims for cervical spine disorder, thoracolumbar spine disorder, and acquired psychiatric disorder are being remanded due to the need for additional medical opinions. Service connection for basil cell carcinoma is stayed.

The Veteran's right and left knee disorders have been rated at 10 percent each, based on painful motion. The low back disorder has been rated at 20 percent.,The Board found the evidence insufficient to warrant increased ratings for any of these conditions.

The Veteran's claim for service connection of a sleep disorder has been reopened, and the Board finds that new evidence received since the last final denial raises a reasonable possibility of substantiating his claim. The claims for higher ratings for thoracolumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, TDIU, neck condition, and respiratory condition are REMANDED as they involve new evidence or issues not previously addressed.

The Board has remanded the service connection claims for low back, bilateral hip, and left knee disabilities due to unclear diagnoses in the VA examinations and lack of nexus opinions.

The Board denied the Veteran's claims for service connection for a stress fracture of the right tibia and an initial evaluation in excess of 10 percent for lumbosacral degenerative disc disease and strain. The Board found that there was no current diagnosis of stress fracture, and that the Veteran’s back disability did not meet or approximate the criteria for a higher rating.

The Veteran's service-connected disabilities render him unemployable, and the Board finds that he is entitled to a TDIU effective January 14, 2019. The case is remanded for further development regarding his prior period of employment.

The Veteran's disability ratings for his spine condition, radiculopathy, and migraines have been restored to their previous levels.,The Veteran was previously rated at 40%, 20%, and 30% respectively. The reductions were reversed.

The Veteran's PTSD, left knee disorder, right knee disorder, left foot disorder, right foot disorder, and back disorder have all been denied service connection. Additionally, the Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) prior to July 1, 2017 has also been denied.

The Board found that the Veteran's diagnosed disabilities, including multiple myeloma and diabetes mellitus type II, are not related to an undiagnosed illness or a Gulf War syndrome. The VA examiner concluded that these conditions have known etiologies unrelated to service.

The Board has determined that there was clear and unmistakable error in reducing the Veteran's disability rating for residuals of a lumbar spine injury with lower extremity sciatica from 40 percent to 20 percent effective December 1, 1984. The prior reduction is reversed.