Back / lumbar spine decisions — 2019

The Veteran's claim for an initial rating in excess of 10 percent for degenerative disc disease of the lumbar spine is remanded due to insufficient evidence regarding functional loss during flare-ups and pain.

The Veteran's radiculopathy of the left lower extremity is granted at a 20 percent rating from August 12, 2014 to March 6, 2017. The right lower extremity radiculopathy remains at a 10 percent rating prior to March 7, 2017 and the lumbar spine disability is granted at a 40 percent rating from June 15, 2015.

The Board has decided to remand the cases for further development and examination, as no opinions have been provided regarding the relationship between the Veteran's service and his back disorder or bladder disorder. The TDIU case is also being remanded.

The Veteran withdrew his appeal regarding the increased rating for lumbosacral strain with degenerative arthritis, so the case is dismissed.

The Board dismissed the appeals for service connection for bone cancer, lumbosacral spine disability, and splenectomy as there was no adequate substantive appeal filed.

The Veteran's service connection for bilateral pes planus is granted. The Board finds that the Veteran's current pes planus disability was aggravated by service, and thus service connection is granted.

The Board has granted service connection for low back degenerative disc disease, finding that the Veteran's current condition was present during her active duty from November 2003 to May 2004 and is not related to any pre-existing conditions. The claim was reopened due to new evidence submitted since the August 2005 rating decision.

The Board denied service connection for thoracolumbar spine disability, hypertension, and immune thrombocytic purpura as the evidence did not support a nexus to active duty.

The Board has granted service connection for flat feet (pes planus). Service connection for back and knee disabilities is remanded.

The Veteran's low back strain, left and right lower extremity radiculopathy, and fracture of the right great toe have been granted increased ratings. The Veteran's hemorrhoids remain noncompensable. Service connection for hip disabilities remains pending.

The Veteran's left thumb fracture is rated at 10 percent from August 18, 2015. The Veteran's back and sinus disabilities are remanded for further examination and opinion.

The Board has granted service connection for cervical spine degenerative joint disease (DJD) as secondary to the Veteran's service-connected lumbar spine DJD.

The Veteran's lumbar spine spondylosis has worsened since his last VA examination. The Board is remanding the case to schedule a new examination and readjudicate both the increased rating claim for lumbar spine spondylosis and the TDIU claim.

The Board has remanded the Veteran's claims for arthritis of the left elbow, right elbow, left thumb, right thumb, cervical spine, and lumbar spine as well as seasonal allergic rhinitis due to potential CBRNE exposure during service. The Veteran will be provided with VA examinations to evaluate his claimed disabilities.

The Board has denied service connection for bilateral hearing loss, remanded the claims for back disability and tinnitus due to insufficient evidence.

The Veteran's claims for service connection and an initial compensable disability rating are remanded due to the need for additional medical examinations.

A rating of 40 percent for right lower extremity radiculopathy is granted, effective June 12, 2013.,Effective dates are granted for left and right lower extremity radiculopathy, both associated with degenerative disc disease and intervertebral disc syndrome of the lumbar spine status post L4-L5 diskectomy.

The Board has determined that the Veteran's cervical spine disability is service-connected due to his military service as a paratrooper, and the opinion of Dr. Sandhu supports this determination.

The Veteran's appeals for increased ratings, temporary total evaluations due to treatment for service-connected disability requiring convalescence, and SMC based on aid and attendance have been dismissed as the Veteran has withdrawn his appeals.

The Board has decided that the Veteran's claim of service connection for a cervical spine disability (claimed as a back disability) needs further development and is therefore remanded.