Back / lumbar spine decisions — 2019

The Board has determined that there are missing, pertinent records that must be obtained prior to making an informed decision regarding the service connection claims. These records include VA outpatient records from December 2001 to 2015 and any private treatment records related to the Veteran's claimed disabilities, particularly those from Mercy Hospital in the early 2000s.

The Veteran withdrew her appeal regarding all claims, including cervical spine disorder, lumbar spine disorder, asthma and left lower extremity peripheral neuropathy.

The Board has remanded the Veteran's claims for increased ratings for degenerative joint disease of the lumbar spine and radiculopathy of the right lower extremity due to inadequate VA examinations in July 2010 and April 2016. The new examination must take into account the Veteran's statements, the evidence of record, and accepted medical principles.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting SMC based on the need for aid and attendance. However, he does not qualify for SMC based on housebound status due to his TDIU.

The Board has remanded the Veteran's appeal due to a lack of response from the Veteran regarding his claims for increased ratings. The case is being returned to the RO for further attempts to contact the Veteran and reschedule examinations.

The Board has denied the Veteran's claims of service connection for various conditions, including a lumbar sprain with spondylosis, right inguinal hernia, benign prostatic hypertrophy, tinea pedis, tinnitus, and chondromalacia patella left (left knee).

The Board has reopened the Veteran's claim for service connection for a back disorder due to new and material evidence, but the issue of whether this condition is related to service remains pending.

The Veteran's claim for an increased evaluation of his service-connected low back disability was denied, and the Board found that a higher rating is not warranted based on limitation of motion. The effective date for the grant of a 40 percent evaluation for the low back disability remains April 23, 2015.,The Veteran's claim for an earlier effective date for his service-connected low back disability was denied because it was not factually ascertainable that the condition had increased in severity prior to August 22, 2015.

The Veteran's psychiatric disorder other than PTSD (unspecified depressive disorder) and his erectile dysfunction are granted as secondary to service-connected conditions. His lumbar degenerative disc disease with spondylosis is also granted.

The Veteran's claims for service connection and increased ratings were denied. The claim for an initial rating greater than 40 percent for left lower extremity sciatic radiculopathy was also denied.

The Veteran's claims for low back disorder, skin disorder, and kidney stones have been denied as new and material evidence has not been submitted to reopen the claims.

The Board has remanded the Veteran's claims for low back, left knee, and right knee disabilities due to insufficient evidence regarding their etiology and service connection.

The Board has granted effective dates of January 16, 2013 for the grants of service connection and evaluations for hypertension, right ankle sprain, right rotator cuff tear, and lumbosacral strain. The claim for PTSD remains denied as there is no evidence showing it existed prior to December 19, 2013.

The Veteran's claim for service connection for a back disability is reopened and remanded due to the need for an opinion regarding the etiology of his current back disabilities.

The Board has decided to remand the Veteran's claim for service connection for lumbosacral strain due to insufficient evidence, including missing service treatment records and incomplete medical history.

The Veteran's initial compensable rating for left knee scar is granted, recurrent sinusitis remains at a 10 percent rating, lumbar spine disorder receives a 40 percent rating, right wrist disorder maintains its 10 percent rating, and the Veteran is awarded an initial 20 percent rating from November 28, 2012 to February 22, 2018 for left knee status post arthroscopy with limited flexion.

The Board has dismissed the appeals for service connection for hypertension, diabetes mellitus, a left shoulder condition, and arthritis. The remaining issues of service connection have been remanded.

The Veteran's hypertension and sinusitis have been granted service connection. The initial ratings for PTSD, post-concussive migraines, left knee osteoarthritis, right knee osteoarthritis, and lumbar spondylosis are remanded.,A new examination is needed to assess the severity of the Veteran's bilateral knee conditions and his lumbar spondylosis. The Veteran may also need a VR&E evaluation.

The Board has determined that the April 2007 and January 2014 rating decisions are not final, and as such, these claims should be construed as original claims for service connection. The Veteran's right knee disorder, back disorder, and traumatic brain injury (TBI) claims are remanded due to a lack of consideration of relevant VA examination reports.

The Board has remanded the Veteran's claims for additional examination and opinion regarding his service-connected lumbar spine disability, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities.