Back / lumbar spine Board decisions

The Board has granted service connection for peripheral neuropathy in the right and left lower extremities, as well as a back disability due to scoliosis. The Veteran's exposure to herbicides during active service in Vietnam is presumed.

The Board has remanded the claims for diabetes mellitus, type 2, thyroid disorder, hypertension, low back disorder, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, headaches, vertigo, and tinnitus due to potential exposure to herbicides during service.,The Veteran is seeking service connection for these conditions on a direct basis as they are not presumed diseases related to military service.

The Veteran's knee and back conditions are currently rated at 10 percent each, but the Board finds no evidence to warrant an increased rating. The appeal for service connection of sleep apnea is remanded due to lack of a VA examination.

The Veteran's claim for PTSD was reopened and granted. The claim for a low back disability was denied, but the effective date of the left knee chondromalacia patella rating is set at August 6, 2010.

The Board has found that further development of the record is necessary to comply with VA's duty to assist the Veteran in the development of facts pertinent to his claims. Specifically, the Board finds that additional records must be obtained and associated with the claim file, and that the Veteran is entitled to VA examinations regarding his claimed disabilities.

Service connection for lumbar spine disability and left knee disability is granted as new and material evidence has been received.,Service connection for left shoulder disability, cervical spine disability, bilateral hip disability, bilateral hearing loss, hypertension, and sleep apnea are denied. Service connection for acquired psychiatric disability is granted.,A rating more than 20 percent for a right shoulder disability is denied, as well as a rating more than 10 percent for right knee disability and tinnitus. A compensable rating for hemorrhoids is denied, and a rating more than 30 percent for herpes is denied.,TDIU is remanded.

The Board denied service connection for a cervical spine disability and a low back disability, finding that the Veteran's current disabilities were not related to his military service.

The Veteran withdrew his appeals on several service connection issues, and the Board is dismissing those claims. The claim for an increased rating for postoperative ventral hernia with scar is being remanded.

The Veteran's appeal for an increased rating for his right shoulder sprain was dismissed. The Board granted a TDIU effective February 11, 2008, due to the severity of his service-connected disabilities.

The Board has determined that the Veteran's death was not caused by a service-connected disability and denied the claim for service connection for cause of death. The appeal is remanded to determine if the Appellant can be considered the Veteran's surviving spouse for pension purposes.

The Veteran's lumbosacral strain is granted on an aggravation basis.,The Veteran's bilateral glaucoma is granted as secondary to his service-connected asthma.

The Board has remanded the Veteran's claims for increased ratings and earlier effective dates due to the need for additional examinations. The Veteran is currently service-connected for inguinal hernia, back disability, right knee limitation of extension, left lower extremity radiculopathy, right lower extremity radiculopathy, right upper lip scar, and right forearm scars.

The Board has determined that a remand is necessary to obtain an adequate VA examination for the Veteran's thoracic spine disability, as the previous examination did not comply with the requirements set forth in Correia and Sharp.

The Board has remanded both issues regarding the Veteran's degenerative disc disease of the thoracolumbar spine due to inadequate examination and other procedural deficiencies.

The Board has remanded several issues, including service connection for a TBI and initial ratings for various musculoskeletal conditions. The Veteran's adjustment disorder with anxiety and depressed mood is rated at 70 percent. Initial ratings for his shoulder strains, wrist tendonitis, little finger strain, lumbar degenerative joint disease, knee patellofemoral syndrome, left ankle strain, right ankle strain, and tinnitus are denied.

The Veteran's low back disability is rated at 20% and a separate 10% rating for radiculopathy of the left lower extremity as a neurological complication of his low back disability has been granted. The ratings for retropatellar pain syndrome of both knees and dyshidrotic eczema remain denied.

The Veteran's lumbar strain is rated at 40 percent, effective January 31, 2019. The rating for PTSD was increased to 100 percent effective March 20, 2015. The ratings for radiculopathy of the left and right lower extremities were restored from zero percent to 10 percent each, effective April 1, 2013.

The Board has determined that there are outstanding records and the VA examination is inadequate. The Veteran's claims for defective hearing, low back disability, acquired psychiatric disorder (claimed as alcoholism and drug abuse), neck disability, and bilateral hip disability are remanded.

The Veteran's claim for a VA annual clothing allowance for the year 2016 due to use of back and wrist braces is denied as her fabric-covered braces do not cause irreparable damage to her outer clothing.

The Veteran's death did not result in any additional accrued benefits beyond the $7,954.00 awarded due to his increased disability ratings.