Back / lumbar spine decisions — 2019

The Board has remanded the increased rating claims for thoracolumbar strain and radiculopathy of the bilateral lower extremities. The Veteran's back disability is currently rated at 20 percent, but the Board finds that a higher rating is warranted.

The Veteran's lumbar spine DDD and associated right lower extremity radiculopathy are currently rated at 40 percent, but the Board finds that a higher rating is not warranted prior to April 12, 2011.,The Veteran's right elbow condition with limitation of flexion is currently rated at 10 percent. The Board finds no basis for a higher rating.

The Veteran's back disability is rated at 40 percent effective March 26, 2009.,The Veteran's left lower extremity radiculopathy is rated at 20 percent effective March 26, 2009.,The Veteran's right lower extremity radiculopathy is rated at 20 percent effective March 26, 2009.,The Veteran is granted TDIU effective March 26, 2009.

The Veteran's thoracolumbar spine DDD with subjective IVDS is rated at 40 percent, and his left femoral nerve radiculopathy is each rated at 20 percent. His overall rating is 60 percent for the appeal period.,His TDIU claim is denied as he meets the schedular criteria but does not have sufficient additional service-connected disability to bring the combined rating to 70 percent or more.

The Board has denied service connection for bilateral hearing loss due to a lack of evidence showing it is related to military service. The Veteran's in-service noise exposure did not result in current hearing loss.,Service connection for heart condition (claimed as PVCs with arrhythmia) and lumbar spine condition are remanded because the VA examination conducted prior to the May 2018 rating decision on appeal was insufficient.

The Board has denied service connection for various disabilities, including left ankle disability, residuals of cold injuries to the lower extremities, and right hip, low back, and right ankle disabilities. The Veteran's TDIU claim is granted. The remaining issues are remanded for further development.

The Veteran's claim for an initial rating in excess of 10 percent for lumbar intervertebral disc syndrome is remanded, and the effective date for a total disability rating due to individual unemployability prior to July 11, 2017 is denied.

The Veteran's claims for service connection for left ankle disability and back disability as secondary to right knee disability are both denied.

The Board has granted service connection for bilateral ankle disabilities, right knee disability, shin splints of the lower extremities, and low back disability. The Veteran's claims for bilateral hearing loss and tinnitus were also granted as new and relevant evidence was submitted.

The Veteran's service-connected degenerative joint disease of the lower lumbar spine is granted a higher rating from May 17, 2017 and restored to 40 percent. The appeal for a higher rating than 40 percent remains denied.

The Veteran's claims of increased disability ratings for degenerative disc disease of the lumbar spine and left upper extremity radiculopathy, as well as his request for an effective date prior to January 9, 2017 for service connection of left upper extremity radiculopathy, are all remanded due to procedural or factual issues.

The Board has determined that a remand is necessary to obtain updated VA examinations for the Veteran's service-connected back and left leg nerve disabilities due to increased symptomatology reported by the Veteran.

The Board has remanded the Veteran's claim for a lumbar spine disability due to incomplete medical records and inconsistent reports of symptoms. A new VA examination is needed to determine if her current condition is related to service.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, and lumbar disability have been granted. The initial rating for the lumbar disability is set at 40 percent effective April 12, 2013.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for lumbar spine DDD prior to January 7, 2015, and in excess of 20 percent thereafter. The remand is due to lack of compliance with previous remand directives regarding range of motion testing.

The Veteran's appeal for service connection for left eye disability has been withdrawn. The Board has remanded the remaining issues of service connection for TBI, headaches, low back disability, right eye disability, and chronic disability due to residuals of metal embedded in the head.

The Board has remanded the issues of service connection for various disabilities, including cervical spine disability, left knee disorder, right knee disorder, left hip disorder, left ankle disorder, and left foot disorder. The claims are pending before the Agency of Original Jurisdiction (AOJ).

The Veteran's appeal for bilateral hearing loss is dismissed. The claim for service connection for back pain is reopened and granted to this extent only. Service connection for left elbow disability is denied. The appeals for back, neck, and bilateral foot disabilities are remanded.

The Board has granted service connection for the Veteran's low back disability, but has remanded the issue of service connection for his left hip condition due to conflicting evidence.

The Veteran's ratings for lumbar spine DJD and status post left knee meniscus with traumatic arthritis were reduced, but the Board found that actual improvement in function was not shown. The Veteran is also remanded for additional opinions regarding his hypertension and right foot disability.