Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claim for a higher rating for his service-connected chronic lumbosacral myositis due to the need for a new VA examination and updated treatment records.

The Board denied service connection for a lumbar spine disorder and a bilateral knee disorder, finding that the Veteran's disorders were not incurred in or related to his military service. The TDIU claim was also denied as he did not meet the schedular requirements.

The Board denied the Veteran's claims for service connection for a low back disability and increased ratings for his left and right shoulder disabilities. The decision found that there was no evidence of a chronic low back disability in service or within one year after separation, and that any current low back disability is not related to military service.

The Veteran's appeals for higher ratings for right and left knee disabilities, as well as a mood disorder, have been withdrawn.,Issues regarding service connection for back, neck, and hip disorders are being remanded for further examination and analysis.,The claim for service connection for TBI is also being remanded due to the need for a new VA examination.,The Veteran's claim for service connection for migraine headaches is being remanded as it is inextricably intertwined with his other claims.

The Board has granted service connection for peripheral neuropathy in the right and left lower extremities, as well as a back disability due to scoliosis. The Veteran's exposure to herbicides during active service in Vietnam is presumed.

The Board has remanded the claims for diabetes mellitus, type 2, thyroid disorder, hypertension, low back disorder, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, headaches, vertigo, and tinnitus due to potential exposure to herbicides during service.,The Veteran is seeking service connection for these conditions on a direct basis as they are not presumed diseases related to military service.

The Veteran's knee and back conditions are currently rated at 10 percent each, but the Board finds no evidence to warrant an increased rating. The appeal for service connection of sleep apnea is remanded due to lack of a VA examination.

The Veteran's claim for PTSD was reopened and granted. The claim for a low back disability was denied, but the effective date of the left knee chondromalacia patella rating is set at August 6, 2010.

The Board has found that further development of the record is necessary to comply with VA's duty to assist the Veteran in the development of facts pertinent to his claims. Specifically, the Board finds that additional records must be obtained and associated with the claim file, and that the Veteran is entitled to VA examinations regarding his claimed disabilities.

Service connection for lumbar spine disability and left knee disability is granted as new and material evidence has been received.,Service connection for left shoulder disability, cervical spine disability, bilateral hip disability, bilateral hearing loss, hypertension, and sleep apnea are denied. Service connection for acquired psychiatric disability is granted.,A rating more than 20 percent for a right shoulder disability is denied, as well as a rating more than 10 percent for right knee disability and tinnitus. A compensable rating for hemorrhoids is denied, and a rating more than 30 percent for herpes is denied.,TDIU is remanded.

The Board denied service connection for a cervical spine disability and a low back disability, finding that the Veteran's current disabilities were not related to his military service.

The Veteran withdrew his appeals on several service connection issues, and the Board is dismissing those claims. The claim for an increased rating for postoperative ventral hernia with scar is being remanded.

The Veteran's appeal for an increased rating for his right shoulder sprain was dismissed. The Board granted a TDIU effective February 11, 2008, due to the severity of his service-connected disabilities.

The Board has determined that the Veteran's death was not caused by a service-connected disability and denied the claim for service connection for cause of death. The appeal is remanded to determine if the Appellant can be considered the Veteran's surviving spouse for pension purposes.

The Veteran's lumbosacral strain is granted on an aggravation basis.,The Veteran's bilateral glaucoma is granted as secondary to his service-connected asthma.

The Board has remanded the Veteran's claims for increased ratings and earlier effective dates due to the need for additional examinations. The Veteran is currently service-connected for inguinal hernia, back disability, right knee limitation of extension, left lower extremity radiculopathy, right lower extremity radiculopathy, right upper lip scar, and right forearm scars.

The Board has determined that a remand is necessary to obtain an adequate VA examination for the Veteran's thoracic spine disability, as the previous examination did not comply with the requirements set forth in Correia and Sharp.

The Board has remanded both issues regarding the Veteran's degenerative disc disease of the thoracolumbar spine due to inadequate examination and other procedural deficiencies.

The Board has remanded several issues, including service connection for a TBI and initial ratings for various musculoskeletal conditions. The Veteran's adjustment disorder with anxiety and depressed mood is rated at 70 percent. Initial ratings for his shoulder strains, wrist tendonitis, little finger strain, lumbar degenerative joint disease, knee patellofemoral syndrome, left ankle strain, right ankle strain, and tinnitus are denied.

The Veteran's low back disability is rated at 20% and a separate 10% rating for radiculopathy of the left lower extremity as a neurological complication of his low back disability has been granted. The ratings for retropatellar pain syndrome of both knees and dyshidrotic eczema remain denied.