Back / lumbar spine decisions — 2019

The Veteran's service-connected disabilities prior to July 21, 2015 rendered her unable to secure and follow a substantially gainful occupation.

The Veteran's back disability is rated at 20% prior to October 30, 2013 and at 40% thereafter. The Board denied an increased rating for the Veteran's back disability as it did not meet the criteria for a higher rating.

The Board denied an evaluation greater than 20 percent for the residuals of lumbar laminectomy and granted separate evaluations of 10 percent each for radiculopathy of the left lower extremity (LLE) and right lower extremity (RLE), effective March 28, 2011.

The Board has remanded the claims for service connection for a heart condition and low back condition, as well as the TDIU claim. Additional medical opinions are needed to address the etiology of these conditions.

The Board denied service connection for a lumbar spine disability and bilateral lower extremity radiculopathy, finding that the Veteran's current conditions were not related to his active military service.

The Board has reopened the Veteran's claim for service connection for a back disability, but has remanded it due to the need for additional medical opinion regarding the etiology of his condition.

The Veteran's claims for higher ratings for lumbosacral strain and right lower extremity radiculopathy are being remanded due to the need for additional medical examination.

The Veteran's claim for clothing allowances for his service-connected back, left knee and left ankle braces was denied as the braces did not wear and tear his clothing.

The Veteran's appeals for service connection for hyperthyroidism and bilateral hearing loss have been dismissed.,The Veteran's appeals for service connection for residuals of laceration to the head, including cervical spine disability, vertigo, jaw disability and scarring; hypertension; right knee disability; erectile dysfunction (ED); and sleep disorder, including sleep apnea are being remanded.

The Veteran's claim for a higher rating for his back condition is being remanded due to the inadequacy of the VA examination report and the need for additional evidence.

The Board dismissed the Veteran's appeal for an increased evaluation in excess of 20 percent for his service-connected right rotator cuff tear. The issues regarding increased evaluations for his cervical spine disability and C7 radiculitis were denied.

The Board has remanded the issues of service connection for back pain, radiculopathy (neuropathy) of the bilateral lower extremities, and secondary service connection for right and left lower extremity radiculopathy due to a possible in-service injury during parachuting.

The Veteran's thoracolumbar spine strain is rated at 20% prior to October 30, 2016, and at 40% thereafter. The Board denied an increased rating for the condition.

The Board has decided to remand the Veteran's claims for further development due to inadequate examination reports.

The Veteran's service-connected PTSD, back condition, and knee condition have prevented him from securing or following substantially gainful employment for the entire appeal period. A total disability rating for individual unemployability (TDIU) is granted.

The Veteran's service connection claims for tinnitus, right foot plantar fasciitis, left foot plantar fasciitis, and bilateral hearing loss disability are granted. Claims for other conditions such as left foot ingrown toenail, right foot ingrown toenail, left shoulder, right shoulder, low back, right knee, left knee, sleep apnea, tachycardia, hypertension (claimed as high blood pressure), erectile dysfunction, TBI, headache, and acquired psychiatric disability are denied.

The Board denied the Veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person or being permanently housebound, finding that her service-connected disabilities do not result in the need for such assistance.

The Veteran's claim for a higher rating for his service-connected back disorder is granted, with a 40 percent rating effective April 25, 2017 to April 17, 2018. The TDIU claim is denied as the Veteran did not meet the schedular requirements prior to July 25, 2016.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for back disability, left lower extremity disability, and acquired psychiatric disorder. The VA must reconsider these claims in light of the additional service records received by the Veteran.

The Board has determined that the evidence is insufficient to establish service connection for a back condition, including spondylosis. The case is being remanded for further development and consideration.