Back / lumbar spine decisions — 2019

The Veteran requested to withdraw his appeal for a higher rating in excess of 20 percent for lumbar spine degenerative disc disease, degenerative joint disease and mild canal stenosis. As a result, the claim is dismissed.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for further evaluation of his cervical spine, thoracolumbar spine, upper extremity radiculopathy, and lower extremity radiculopathy.

The Board has restored the Veteran's disability ratings for lumbar strain and major depressive disorder, but has remanded her claims for increased ratings.

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

The Veteran's left hip disorder, diagnosed as osteoarthritis, is not etiologically related to his active service. The evidence does not establish a current left knee disorder.,The residuals of dental surgery during active service are not a disability for which the Veteran can receive compensation benefits administered by the Department of Veterans Affairs (VA).

The Veteran's claim for an initial compensable evaluation for his service-connected lumbosacral strain (claimed as low back pain) prior to April 28, 2014 is denied. The evidence does not show that the Veteran’s symptoms warranted a higher rating before this date.

The Veteran's lumbar spine disability is rated at 30 percent, effective from September 13, 2013. Separate ratings of 10 percent are granted for right and left lower extremity radiculopathy from September 13, 2013 to April 27, 2016. A TDIU is granted from the same date.

The Board has determined that the VA examinations are inadequate and remands the case for further development, including obtaining new VA examinations to determine the nature and etiology of the Veteran's back condition and right ankle disability.

The Board has determined that the Veteran's appeal requires remand for several issues, including right ear hearing loss and osteoarthritis of the left knee as secondary to service-connected degenerative joint disease, lumbosacral spine L5-S1. The Veteran is also required to undergo additional examinations for his right shoulder, lumbosacral spine, and dysthymic disorder.

The Board has determined that additional development is necessary before the claims can be adjudicated on the merits. The Veteran's service connection and increased evaluation claims are remanded for further action.

The Veteran's degenerative arthritis of the lumbar spine is rated at 40 percent effective December 6, 2017. The rating was increased from a previous 20 percent prior to this date.

The Veteran's claims for an increased evaluation for PTSD and TDIU are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Veteran's claims of secondary service connection for back and hip disabilities, as well as neck disability, have been remanded due to the need for additional medical opinions. The claim for a rating in excess of 40 percent for traumatic left knee below-joint amputation is also being remanded.

The Board has remanded several issues related to the Veteran's service-connected lumbar spine disability and left lower extremity radiculopathy, including a reduction in rating and increased ratings. The appeal is also remanded for further examination and consideration of TDIU.

The Board denied service connection for neck injury, right ankle condition, sleep problems, and back disability due to lack of a causal nexus between the conditions and service.

The Veteran's claim for service connection for a back disability has been reopened, but the Board is remanding it due to lack of evidence. The psychiatric claims are also being remanded as new medical opinions are needed.

The Veteran's TDIU claim for the period from March 30, 2011 to August 1, 2011 is denied as his schedular rating was already at 100% due to a temporary total disability rating based on surgical or other treatment necessitating convalescence.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's back disability and his service, including parachute jumps.

The Board has remanded two issues: entitlement to service connection for lumbar spine disability and entitlement to a rating in excess of 10 percent for left knee degenerative joint disease. The Veteran's lumbar spine disability is being examined again due to the presence of current evidence, conflicting opinions from Dr. T.L., and lack of rationale provided by the VA examiner. The left knee disability is also being examined again due to possible worsening since the last examination.

The Veteran's lumbar spine disability is being remanded for further evaluation and evidence collection.