Back / lumbar spine decisions — 2019

The Veteran's heart disorder is presumed to be due to herbicide exposure in Vietnam, and he was granted a 100% rating for this condition. The right knee disability claim was denied as there was no evidence of an injury during service or a nexus to service.

The Board denied the Veteran's claims for a disability rating in excess of 10 percent for lumbar strain and service connection for condyloma, finding that there was no evidence of current disabilities related to these conditions.

The Veteran's appeal for increased ratings in excess of the current ratings for his back, left knee, and left toe conditions is remanded due to procedural issues with a previous reduction decision.

The Veteran's claim for an increased rating for her low back degenerative joint disease prior to August 22, 2017 was denied.,The Veteran's claim for TDIU prior to April 29, 2017 was also denied.

The Board has remanded the claims for service connection due to incomplete records and inadequate VA examination opinions. The Veteran's low back condition may be related to his MOS as a driver in service, while his sleep apnea is believed to have started during service.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence linking his current condition to an in-service event or injury.

The Board denied the Veteran's claims for service connection for a right foot disability and for an initial evaluation in excess of 10 percent for lumbar spine degenerative changes, as well as his claim for a compensable initial evaluation for bilateral exercise-induced compartment syndrome status post five compartment fasciotomies with residual scars. The issues were remanded for additional development.

The Board has reopened the Veteran's service connection claims for low back disability, hypertension, and lung disability (positive tuberculosis). The claims are remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for his lumbar spine disability and for TDIU due to unresolved issues regarding convalescence following his May 2015 surgery.

The Board has granted service connection for Obstructive Sleep Apnea and dismissed the appeals regarding increased ratings for Thoracolumbar spine disorder.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's lumbosacral spine disability is related to his active service.

The application to reopen the claim for service connection for a back disability was denied.,The application to reopen the claim for service connection for an acquired psychiatric disorder (including PTSD) was granted, but the claim remains pending as it is still under consideration.

The Veteran's claims for service connection for right and left leg disabilities have been remanded due to the need for additional supporting evidence.

The Veteran's left lower extremity radiculopathy and lumbar spine degenerative disc disease are granted as service-connected.

The Veteran's lumbar spine disability was rated at 10 percent prior to October 30, 2018 and increased to 20 percent thereafter. The Board found that the evidence did not support a higher rating for any period.

The Veteran's claims for service connection for a back disorder and bilateral hip disorder were previously denied due to lack of evidence linking these conditions to his military service. New evidence received since the last denial indicates that there may be an unestablished fact related to the claim, but does not provide sufficient evidence to establish service connection.

The Board has decided to remand the Veteran's claims for service connection for chronic low back pain, left lower extremity radiculopathy, and right lower extremity radiculopathy due to missing service treatment records. The Veteran is required to undergo VA examinations to determine if his current disabilities are related to his in-service injury.

The Veteran's right lower extremity sciatic radiculopathy is rated at 40 percent, but no higher. The Veteran's degenerative disc disease is not rated in excess of the currently assigned 10 percent.

The Veteran's ratings for his right and left knee disabilities, as well as his lumbar spine disability, were reduced. The Board found that the reductions were improper and restored the original ratings of 30% for the right knee, 20% for the left knee, and 40% for the lumbar spine. The Veteran's TDIU claim was granted.

The Veteran's appeals for higher ratings on multiple disabilities have been dismissed as he has withdrawn his appeal.