Back / lumbar spine decisions — 2019

The Board has decided to remand the cases for further development and examination due to allegations of worsening symptoms since the last VA examinations.

The Veteran's claim for a disability rating of 20 percent, but not higher, for lumbar spine spondylosis with degenerative disc disease prior to November 10, 2015 is granted.,The Veteran's claim for a disability rating in excess of 20 percent from November 10, 2015 is denied.,The Veteran's claims for increased ratings for radiculopathy of the right and left lower extremities are also part of this appeal.

The Board has remanded the case due to insufficient consideration of a secondary service connection theory for low back and left hip disorders, which are currently considered as being related to the Veteran's service-connected right knee disability. The case will be returned for further development.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination.

The Board has remanded the case due to the need for additional records from the Salem Vet Center and a possible need for an examination. The claim of service connection for low back disability is denied, while the claim for PTSD remains pending.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine was denied as his disability did not meet the criteria for a higher rating.,The Veteran's claim for a higher rating for right lower extremity radiculopathy was denied as his disability did not meet the criteria for a higher rating.,The Veteran's claim for an initial rating in excess of 10 percent for left lower extremity radiculopathy was denied as his disability did not meet the criteria for a higher rating.

The Board has granted service connection for a low back disability, right knee disability (secondary to service-connected right foot disability), hepatitis C in remission, sleep apnea, and neurocognitive disorder. However, the Veteran's initial compensable rating for bilateral hearing loss is being remanded due to his testimony of worsening symptoms.

The Veteran's lumbosacral strain with DDD was rated at 40% effective May 10, 2017. The increased rating for sciatica of the LLE and RLE from November 3, 2014 onwards is denied.,The Veteran’s claim for an increased rating in excess of 20 percent prior to May 10, 2017 was denied as his forward flexion did not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for increased ratings for his DDD of the cervical spine and left upper extremity radiculopathy due to incomplete information regarding the frequency, duration, and severity of flare-ups. The VA will obtain any outstanding records and schedule the Veteran for additional examinations.

The Board has remanded the Veteran's claims for sleep apnea, left hip disorder, lower back disorder, hearing loss, and COPD due to potential service connection issues. The VA is instructed to obtain any relevant private treatment records and schedule examinations to further investigate these claims.

The Veteran's initial ratings for his thoracolumbar spine disability have been remanded due to the need for further development. The current effective dates are not specified.

The Veteran withdrew their appeals for higher initial disability ratings in all three cases, and the Board has dismissed these appeals.

The Veteran's service connection claims for chronic bilateral foot strain and lumbar strain have been denied. The Board found no evidence of a relationship between the current conditions and his military service.,For the initial disability evaluation in excess of 10 percent for service-connected lumbar strain, the Veteran was not granted an increased rating as there is no medical evidence showing forward flexion limited to 30 degrees or less, unfavorable ankylosis, or associated neurological abnormalities.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and the need for additional medical opinions.

The Veteran's claims for increased ratings and TDIU are being remanded due to incomplete records and the need for new examinations.

The Veteran's valvular heart disease and back disorder are not service-connected.,Service connection for the right total knee replacement is denied as new evidence does not establish a link to service.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's lumbar spine disability. The claim will be returned for further development and consideration.

The Veteran's application for service connection for DM-II was received in January 2010, and an effective date prior to January 2009 is not warranted.,Since May 2016, the Veteran has been granted a TDIU due to his service-connected disabilities.

The Veteran's left knee condition is granted as secondary to his service-connected right knee disability.,The Veteran's psychiatric disability is rated at 100 percent due to total occupational and social impairment.

The Board has granted service connection for the Veteran's back disability, finding that it had its onset during service and is related to his in-service trauma.