Back / lumbar spine Board decisions

The Board has decided to remand the claims for a back disability and TBI, as additional development is needed. Relevant SSA records must be obtained, and treatment records from the hospital where the appellant was treated after being hit in the head with an M16 should also be sought.

For the initial rating period from June 16, 2009 to February 24, 2016, a higher initial disability rating of 20 percent for the left shoulder disability is granted.,For the initial rating period from February 24, 2016 forward, a higher initial disability rating in excess of 20 percent for the left shoulder disability is denied.,For the initial rating period from June 16, 2009 to December 7, 2017, a higher initial disability rating in excess of 10 percent for the right ankle disability is denied.,For the initial rating period from December 7, 2017 forward, a higher initial disability rating of 40 percent for the right lower extremity radiculopathy is granted.

The Veteran's claims for increased ratings and service connection were denied. The right ankle, rib fractures, lung condition, and back disorder are not rated higher than the current assigned ratings.

The Board has granted the reopening of the claim for service connection for a right knee injury and denied both the original claim for service connection for a right knee injury and the claim for service connection for a low back condition.

The Veteran's tinnitus is granted as service-connected.,Hypercholesterolemia is not service-connected.,Erectile dysfunction, hypertension, headaches, neuropathy of the bilateral upper extremities, lumbar radiculopathy of the bilateral lower extremities, left shoulder disability, and right shoulder disability are all remanded for further development.,The Veteran's tinnitus began during his military service. Service connection is granted.,Hypercholesterolemia is not a disability that can be awarded by VA.,Erectile dysfunction, hypertension, headaches, neuropathy of the bilateral upper extremities, lumbar radiculopathy of the bilateral lower extremities, left shoulder disability, and right shoulder disability are all remanded for further development. The Veteran's service connection claims will need to be re-evaluated based on new evidence or clarification.,The VA examiner found that the Veteran’s left shoulder disability is less likely than not caused by his military service due to lack of medical records supporting a chronic condition during service, and right shoulder disability was deferred as the Veteran had not been released from his orthopedic surgeon at the time of examination. The claims are remanded for further development.,The VA examiner found that the Veteran’s left shoulder disability is less likely than not caused by his military service due to lack of medical records supporting a chronic condition during service, and right shoulder disability was deferred as the Veteran had not been released from his orthopedic surgeon at the time of examination. The claims are remanded for further development.

The Veteran's claim for service connection for a left wrist condition was denied, and the appeal is dismissed.,Service connection for a back condition has been reopened due to new evidence. The Board found that the Veteran’s back condition was aggravated by his service-connected knee disability.,Service connection for psoriasis has been granted as it is at least as likely as not caused by the Veteran's service-connected disabilities, specifically his right knee disability and psychiatric conditions.,The claim for service connection for arthritis (secondary to right knee disability) is remanded. The Board found that there is insufficient evidence to determine if the arthritis is a progression of the service-connected right knee condition.,Service connection for a psychiatric condition (depression) has been granted as it is at least as likely as not aggravated by the Veteran's service-connected disabilities, specifically his right knee disability and psychiatric conditions.

The Board has found that remand is necessary to fully assist the Veteran with his claims, including obtaining SSA records and private medical records. The Veteran's right lower extremity radiculopathy associated with lumbar degenerative disk disease claim will be considered after these issues are resolved.

The Board has remanded the Veteran's claims due to incomplete records and inadequate medical opinions.

The Veteran's initial rating for L2 compression fracture with lumbosacral strain was denied, and his increased rating for cervical spine degenerative arthritis prior to May 14, 2019, and in excess of 30 percent thereafter was granted.

The Board has granted a 20 percent disability rating for the Veteran's lumbar spine disability from October 21, 2010 to June 17, 2016. The case is remanded for further evaluation of the entire period on appeal.

The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for additional medical records and further development.

The Board denied the Veteran's claims for service connection for cervical and lumbar spine disorders as secondary to her service-connected left ankle disability, finding that there was no evidence to support a finding of direct or secondary service connection.

The Veteran's service-connected disabilities, including cervical and lumbar spine conditions, pes planus, radiculopathies of the upper and lower extremities, and left ankle sprain, are found to preclude her from securing or maintaining substantially gainful employment. The Board grants a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for service connection for cervical spine degenerative disc disease and lumbar spine degenerative disc disease have been reopened due to the submission of new and material evidence. However, their service connection remains pending as they are being remanded for further evaluation.

The Board denied service connection for a cervical spine disorder (claimed as a neck condition), including degenerative disc disease and arthritis, finding that the current disability did not manifest in service or for many years thereafter and is unrelated to an injury or incident of service.

The Board has dismissed the issue of service connection for high cholesterol. The issues of service connection for a lumbar spine disability, sleep apnea, left knee disability, right knee osteoarthritis, and hypertension are remanded.

The Board has remanded the Veteran's claims for PTSD, lumbosacral strain, testicular injury, left knee degenerative arthritis, and right knee degenerative arthritis due to new evidence being added to the record.

The Board has decided to remand the Veteran's claims for obstructive sleep apnea and lumbar spine disorder due to insufficient opinions regarding the etiology of these conditions. The VA examiners are asked to provide more detailed opinions on whether the Veteran's current diagnoses are related to his military service, particularly considering his service-connected asthma.

The Board has granted a 10 percent disability rating for left-side and right-side shin splints, but the appeal is remanded for further examination and opinion regarding service connection for plantar fasciitis, lower back disability, and ratings for shin splints.

The Veteran's claims for increased ratings for service-connected right-hand scar and lumbar strain were denied. The Board found that the current evaluations of 10 percent and 20 percent, respectively, are appropriate given the severity of the conditions.