Back / lumbar spine Board decisions

The Board has remanded several issues related to the Veteran's service connection claims due to insufficient medical opinions regarding whether his obesity, caused by his service-connected right knee disability, is a substantial factor in causing other disabilities. The claims for service connection for left knee, lower back, left hip, heart disease, hypertension, and diabetes mellitus are all remanded.

The Board has determined that the reduction in rating for the Veteran's low back injury from 40 to 10 percent was improper and restored the original 40 percent rating. The issues of increased ratings for intervertebral disc syndrome, left and right lower extremities, as well as TDIU are remanded due to outstanding records.

The Veteran's claim for a 10 percent rating for lumbar strain is granted, effective July 10, 2006.

The Board has granted service connection for right shoulder posttraumatic arthritis, labrum tear, and degeneration. The Veteran's claim for a disability rating in excess of 20% for lumbar spine, status post L4-5 fusion residuals with intervertebral disc syndrome is withdrawn. The Board has also remanded the issue of entitlement to an initial compensable disability rating for traumatic brain injury.

The Veteran withdrew his claims for service connection for bilateral hearing loss, a foot condition, a back condition, loss of sense of taste, and loss of sense of smell.

The appeal of the denials of service connection for various conditions due to herbicide exposure is dismissed. Service connection for tinnitus is granted.

The Veteran's claim for an increased rating for his service-connected lumbosacral degenerative disease is remanded due to the need for a VA examination to assess its current severity.

The Veteran's loss of use of both feet is now rated at 100 percent effective prior to July 9, 2014.,An increased rating of 20 percent for the back condition associated with Parkinson's disease has been granted effective prior to July 9, 2014.,The Veteran’s constipation associated with Parkinson's Disease is now rated at 10 percent effective prior to July 9, 2014.,An increased rating of 20 percent for incontinence associated with Parkinson's disease has been granted effective prior to July 9, 2014.,The Veteran’s loss of use of automatic movements associated with Parkinson's Disease is now rated at 20 percent effective prior to July 9, 2014.,An increased rating of 10 percent for difficulty chewing/swallowing associated with Parkinson's disease has been granted effective prior to July 9, 2014.,The Veteran’s speech changes associated with Parkinson's Disease are now rated at 30 percent effective prior to July 9, 2014.

The Board has remanded the issues of entitlement to initial disability ratings for low back disability, migraine headaches, and TBI residuals, as well as service connection for hemorrhoids due to outstanding VA treatment records. The Veteran is also requested to report for a VA examination to assess his current severity of these conditions.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent since February 27, 2018. The Board found that his disability does not warrant a higher rating based on the severity of his condition.

Service connection for MUCMI and an increased rating for generalized anxiety disorder with stressor-related disorder are granted. The Veteran's symptoms include social isolation, anxious affect and mood, chronic sleep impairment, nightmares, hypervigilance, anxiety, suspiciousness, difficulty focusing, and suicidal ideation.

The Veteran's bilateral foot disability, bilateral hearing loss, and obstructive sleep apnea are not service-connected.,Service connection for a psychiatric disability (depression) secondary to lumbar spine disability is remanded. The Veteran currently meets the schedular requirements for a TDIU.

The Board has reopened the Veteran's claim for service connection for a low back condition due to new and material evidence. The case is remanded for further examination and opinion regarding the nature, etiology, and aggravation of the Veteran's low back disability.

The Board granted service connection for a back disability, finding that the Veteran's current back condition is etiologically related to his military service.

The Veteran's service-connected conditions, including hypertension with kidney disease, diabetes mellitus, bilateral lower extremity neuropathy, and lumbar spine arthritis, render him unable to maintain substantially gainful employment. The Board finds that the combined effect of these disabilities is sufficient to meet the criteria for a TDIU.

The Veteran's claims for PTSD, left peroneal nerve injury, and lumbar spine disability have been resolved by a September 2013 rating decision. The claim for tinnitus remains pending but has now been withdrawn by the Veteran.

The Board found that the Veteran's current back and neck disorders are not related to his active duty service, as there was no evidence of continuity of symptomatology or a nexus between his in-service injury and his current conditions.

The Veteran's right hip replacement disability is rated at 90 percent, the maximum schedular rating. The issue of entitlement to a TDIU has also been granted due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board has dismissed the appeal due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Board has remanded the Veteran's increased rating claims for various disabilities, including cervical spine disability, lumbar spine disability, left knee degenerative joint disease, bilateral pes cavus with bilateral heel spurs, left foot hallux valgus, right foot hallux valgus, posterior thigh muscle (muscle group XIII), hypertension, inguinal hernia, kidney stones, and generalized anxiety disorder. The claims will be reconsidered in light of the additional evidence received since the April and May 2016 Supplemental Statements of the Case.