Back / lumbar spine decisions — 2019

The Veteran's claim for increased ratings was denied, and the issues of rating his service-connected conditions were remanded.

The Veteran's disability evaluations were reviewed, and the reduction in lumbosacral strain evaluation was found to be improper. The cervical strain and knee extension evaluations are remanded for further review.

The Veteran's PTSD is rated at 70 percent effective April 8, 2014. A TDIU is granted as of that date.

The Board has determined that the Veteran's claims for service connection of left knee and low back disabilities, as well as a rating in excess of 30 percent for his right knee disability with limitation of motion, require additional development. The case is being remanded to obtain new VA examinations and review of medical records.

The Board has granted service connection for back disability and right leg disability, both found to be related to the Veteran's service-connected left knee derangement with traumatic arthritis. The TDIU claim was also granted.

The Board has remanded the cases due to insufficient examination reports and requests for retrospective medical opinions on the measurements required by VA regulations.

The Veteran's back condition is due to the natural aging process, not VA care or participation in a VA education or rehabilitation program. The Board finds that he is not entitled to compensation under 38 U.S.C. § 1151 for the residuals of a back injury.

The Veteran's lumbar spine disability was rated at 20 percent during the period of June 24, 2003, up to and including September 25, 2003.

The Board denied service connection for bilateral elbow pain, low back disability, and left knee disability due to lack of current disabilities or evidence linking these conditions to service.

The Veteran's initial rating for degenerative disc disease of the lumbar spine is granted at a 40 percent, but an increased rating to 60 percent is granted from December 5, 2016 onward. The Veteran's radiculopathy of the right and left lower extremities are each granted a 20 percent rating. A 70 percent rating for adjustment disorder with depressed mood is granted, effective since December 10, 2018. A TDIU rating is granted from October 28, 2014 onward.

The Board has determined that the Veteran's claims for service connection are not granted and have been remanded for further action.

The Veteran's PTSD is rated at 70 percent, and a TDIU is granted effective March 11, 2014.

The Board has remanded several issues for further development, including service connection claims and increased rating claims. The Veteran's right knee scar associated with her surgery is not compensable, the effective date for lumbar spondylosis is denied, and additional examinations are needed to assess shoulder disabilities, bilateral knee conditions, and lumbar spondylosis.

The Veteran's thoracolumbar spine disability has been rated at 40 percent since October 19, 1997 and from March 1, 2017. The claim for a higher rating is denied as the evidence does not support an increase in the rating.

The Board has remanded the cases due to uncertainty about available VA treatment records from the mid-1970s to 1987, which are potentially relevant to the Veteran's claims of service connection for a low back disorder and asthma.

The Veteran's PTSD was not found to be severe enough to require regular aid and attendance or render him permanently housebound, as his need for assistance was attributed to non-service connected disabilities. The claim is denied.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of her cervical spine, thoracolumbar spine, left hip, and right lower extremity neuropathy conditions. The claims will be further evaluated after obtaining additional medical opinions.

The Board denied the Veteran's claims of service connection for bilateral hearing loss disability, low back disorder, right and left hip disorders, and right knee disorder. The decision also remanded a claim for service connection for obstructive sleep apnea as secondary to diabetes mellitus.

The Veteran's claims for service connection were granted for a skin disorder, fatigue, and an acquired psychiatric disorder. Service connection was denied for left knee disorder and low back disorder.,Service connection was granted for the skin disorder due to active service.

The Veteran's petition to reopen her claim of entitlement to service connection for a low back disability has been granted. Her claims for right knee, COPD, heart arrhythmia, and kidney conditions are remanded.