Back / lumbar spine Board decisions

The Veteran's left foot gout and right knee instability are not service connected, but the Board granted a separate rating for right knee instability.

The Board has determined that additional development is required before the Veteran's claims on appeal are decided, as the Veteran did not report for scheduled VA examinations and there is uncertainty regarding notification of these exams. The issues of service connection for a back disability, 10 percent evaluation based on multiple, noncompensable, service-connected disabilities, initial compensable evaluation for fracture first cuneiform right foot with failed fusion and degenerative changes of the talonavicular joint, initial compensable evaluation for scars of the right foot, and TDIU are all remanded.

The Board has remanded the case due to the need for additional development and consideration of new evidence, including corroboration of the Veteran's claimed stressors and examination for bilateral upper extremity frostbite.

The Veteran's low back disability is currently rated at 20 percent, effective September 10, 2012. The rating remains denied as the evidence does not meet criteria for a higher rating.

The Veteran's claim for a higher rating for DJD of the lumbar spine is denied. The claims for increased ratings for radiculopathy of the right and left lower extremities are also part of this appeal, with the right leg rated at 10 percent prior to November 10, 2010 and 20 percent thereafter, and the left leg rated as 10 percent throughout. The TDIU claim is granted.

The Board has remanded three issues related to service connection for plantar fasciitis, lumbar spine disability, and hallux valgus of the bilateral feet. The Veteran's claims are pending.

The Board has remanded the Veteran's claims for increased ratings and effective date determinations due to inadequate examination reports. The issues are inextricably intertwined, so all claims must be addressed together.

The Veteran's depression NOS, opioid dependence on agonist treatment, benzodiazepine dependence associated with L1 fracture, lumbar spine is rated at 50 percent. The symptoms are significant but do not meet the criteria for a higher rating.

The Veteran's TDIU claim is granted. The skin disorder claim is remanded for additional development.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran has a current back disability and whether it is related to service.

The Board has reopened the Veteran's claims for service connection for right hip disorder, back disorder, and right leg radiculopathy. The appeals are granted to this extent.

The Veteran's appeal is remanded for additional examinations and opinions to address the issues of service connection for various conditions, including bilateral hearing loss, tinnitus, right ankle disability, left knee disability, and lumbar spine disability.

The Board has granted service connection for diabetes mellitus as secondary to the Veteran's back disability and awarded a TDIU based on his combined disabilities.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including increased ratings for wrist and hand conditions, as well as service connection for arthritis of the hands and fingers. The claims are being returned for further development.

The Board has remanded the claim of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected lumbar spine, cervical spine, left shoulder strain, and posttraumatic stress disorder (PTSD) for the period July 1, 2013 to October 14, 2013, and December 1, 2013 to June 5, 2014.

The Board has decided to remand the claims for service connection for low back and neck disabilities due to insufficient evidence regarding their etiology. The Veteran's current disabilities are believed to be related to an in-service fall from a helicopter, but further examination is needed to determine causation.

The Board has restored a 40 percent rating for the Veteran's service-connected postoperative degenerative disc disease of the lumbar spine, as the reduction was improper due to lack of sustained improvement in the disability. The TDIU entitlement was also restored.

The reduction of the rating for degenerative disc disease (DDD) of the lumbar spine with scoliosis from 40 to 20 percent, effective November 1, 2014, was restored.,An increased rating in excess of 40 percent for low back disability and an increased rating in excess of 20 percent for radiculopathy, right lower extremity associated with lumbar DDD are denied.

The Veteran withdrew his appeal for a higher disability rating for lumbar strain with degenerative facet joint degeneration.

The Board has remanded the claims for a higher rating for service-connected lumbar strain and for service connection for erectile dysfunction, as there are issues regarding the etiology of the erectile dysfunction and the need for an extraschedular evaluation.