Back / lumbar spine decisions — 2019

The Veteran's claims for increased ratings for his service-connected right lower extremity radiculopathy, right knee chondromalacia with degenerative arthritis, left knee chondromalacia, and spondylosis of the lumbar spine have been denied. The evidence does not support a higher rating under any applicable diagnostic codes.

The Board denied the Veteran's claims for service connection for a back disability and SMC based on need for regular aid and attendance, finding that there was no evidence linking his current back disability to his active service.

The Veteran's claim for service connection for residuals of a traumatic brain injury is granted. The claim for an evaluation in excess of 30 percent for bilateral pes planus and plantar fasciitis is denied. The claims for service connection for obstructive sleep apnea, right shoulder disability, right knee disability, and lumbar spine disability are remanded.

The Veteran is granted a total disability based upon individual unemployability (TDIU) effective June 26, 2006 due to service-connected disabilities.

The Veteran was unable to obtain or retain substantially gainful employment due to his service-connected disabilities, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Board denied service connection for degenerative joint disease of the lumbar spine, radiculopathy in the right lower extremity, and radiculopathy in the left lower extremity. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Veteran's lumbar spine disability was rated at 10 percent prior to July 19, 2017. The Board denied a higher rating.,The Veteran's right lower extremity radiculopathy of the sciatic nerve was not service-connected prior to July 19, 2017. The Board denied a compensable rating.,The Veteran's left lower extremity radiculopathy of the sciatic nerve is first documented on July 19, 2017 and thus an earlier effective date is denied.,The Veteran's right lower extremity radiculopathy of the femoral nerve is first documented on July 19, 2017 and thus an earlier effective date is denied.,The Veteran's left lower extremity radiculopathy of the femoral nerve is first documented on July 19, 2017 and thus an earlier effective date is denied.,The Veteran did not meet the criteria for a TDIU prior to July 19, 2017. The Board denied an earlier effective date.,Basic eligibility to Dependents' Educational Assistance began on July 19, 2017 and thus an earlier effective date is denied.,The Veteran's disabilities do not meet the criteria for a certificate of eligibility for assistance in acquiring an automobile or other conveyance with adaptive equipment.

The Board has remanded the Veteran's claims for increased ratings for low back disability and right lower extremity radiculopathy due to new evidence submitted since the last decision.

The Veteran's appeal was withdrawn regarding service connection for TMJ. The effective date of her grant of service connection for depression with anxiety and insomnia is denied as it should have been earlier than May 2, 2013.,Her initial rating for depression with anxiety and insomnia prior to June 20, 2016 was denied as the symptoms did not meet or approximate a higher disability rating.

The Veteran's claim to reopen service connection for low back disability is granted. The Board also finds a need for new examinations and opinions regarding PTSD and the etiology of his low back disability.

The claim for service connection of back disability is reopened and granted.

The Veteran's claim for an effective date prior to January 16, 2017, for PTSD was denied. The Board found that the earlier effective date of January 16, 2017 is correct.,The claims for a back disability (including ankylosing spondylosis of the thoracolumbar spine), radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity were reopened due to new evidence submitted since the final denial in July 2015.

The Board denied earlier effective dates for service connection for headaches and head injury, cervical spine DDD, and thoracolumbar spine DDD. The claims were remanded for further development.

The Board has decided to remand the case due to insufficient evidence regarding service connection for a lumbar spine disorder. Additional development is needed, including obtaining relevant medical records and an addendum opinion from a clinician.

The Veteran's claim for tinnitus was denied as there is no evidence of current tinnitus or a relationship to service.,Right ear hearing loss was not found to be present, thus denying the Veteran's claim for this condition.,Service connection for a back disability was denied due to lack of evidence linking the condition to in-service events.,The Veteran's DMII was denied as there is no evidence of its onset during service or a relationship to any service-connected conditions.,The right leg disability, diagnosed as venous statis and varicose veins, was not found to be related to an in-service hernia operation.

The Veteran's lumbar spine disability, characterized as degenerative disc disease with degenerative arthritis, is rated at a 10 percent rating since September 1, 2007.

The Board has decided that the Veteran's service connection claims for a dental disability and neck disability are remanded due to insufficient evidence. The case will be returned to the agency of original jurisdiction (AOJ) after further development.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete examinations, lack of consideration of all relevant evidence, and new evidence added since the last SSOC. The Veteran is required to provide VA treatment records, complete a VA Form 21-8940, and provide IRS tax returns.

The Veteran's appeal for an initial rating in excess of 10 percent for his service-connected lumbar spine disability is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's claim for an increased disability rating for his service-connected post-operative residuals of lumbar intervertebral disc syndrome is being remanded due to the need for updated VA examination and treatment records.