Back / lumbar spine decisions — 2018

The Board denied reopening claims for hearing loss of the right ear and degenerative disc disease of the lumbar spine due to lack of new and material evidence, as well as a negative nexus opinion.

The Veteran's appeal for service connection for a lumbar spine disability, to include arthritis, to include as secondary to service-connected disabilities is dismissed. The Board has also remanded the issues of increased ratings for residuals of stress fractures of the left and right tibia, service connection for bilateral knee and ankle disabilities, and TDIU.

The Board has decided to remand the Veteran's claims for increased ratings for his lumbar spine disability and associated bilateral lower extremity radiculopathy due to incomplete development of records, including VA treatment records and SSA records.

The Board has remanded the Veteran's claims for service connection for lumbar spine, right hip and right knee disabilities as secondary to his service-connected right ankle disability due to conflicting medical opinions. The VA will obtain additional records and schedule the Veteran for examinations to determine if there is a link between his service-connected right ankle disability and his current right knee, hip or back conditions.

The Board denied service connection for degenerative arthritis and degenerative disc disease of the lumbar spine, finding that there was no in-service injury or event leading to these conditions. The claim for bronchitis is remanded due to insufficient medical opinion regarding its relationship to service-connected pneumonia.

The Board has remanded the claims for higher ratings for degenerative arthritis of the right shoulder, DDD of the cervical spine with spasms, and DDD of the lumbosacral spine due to a lack of detailed range of motion findings and functional loss.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board finds that a higher rating is not warranted.,For his degenerative disc disease, C3-7 with prosthetic replacement of discs at C3/4 and C6/7, the Veteran needs a new examination to determine the severity of his condition from January 1, 2005 to April 22, 2008 and from August 1, 2008.

The Veteran's claims of service connection for various conditions have been denied. The appeal to restore the rating for cervical spine DDD has been granted.

The Board has denied service connection for a left eye disorder and remanded the issue of service connection for a low back disorder due to insufficient evidence regarding the manifestation of arthritis within one year post-service.

The Veteran's service-connected conditions did not render him in need of regular aid and attendance or housebound status, thus his claim for special monthly compensation based on aid and attendance/housebound status is denied.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated VA treatment records and private medical records. The issues of entitlement to initial compensable evaluations for various service-connected disabilities are being remanded.

The Board has reopened the Veteran's claim of entitlement to service connection for a back disability, but has remanded it for further development and an examination.

The Board has remanded several issues including the evaluation of knee disorders, service connection for a low back disorder, and an initial rating for adjustment disorder. The effective date for service connection is also being reviewed.

The appeal is dismissed due to the Veteran's death, and no service connection decisions are made as a result.

The Veteran's service-connected thoracolumbar spine disability is currently rated at 20 percent, but the Board finds no evidence to support a higher rating due to lack of pain-free flexion limited to 30 degrees or less.

The Board has decided to remand the cases for further development and examination due to insufficient evidence regarding the current state of the Veteran's service-connected right leg tibial neuropathy, as well as his lumbar and cervical spine disabilities. The claims are also being remanded because there is no adequate record of all relevant private treatment records from Overlake Hospital Medical Center.

The Board has reopened the Veteran's claims of service connection for low back and left knee disabilities due to new evidence. However, it is denied as there is no evidence that these conditions were incurred in or aggravated by military service.

The Veteran's claim for service connection for PTSD, tinnitus, and a sleep disorder was granted effective May 1, 2013. The rating for tinnitus was also granted effective May 1, 2013. A 50 percent rating for PTSD is assigned.

The Board has remanded the Veteran's claims of service connection for various disabilities, including a right hip disability, cervical spine disability, back disability, and right shoulder disability. The issues are inextricably intertwined due to the potential impact on the right hip claim. A menstrual disability claim is also remanded.

The Board has decided to remand the Veteran's claims for a higher evaluation for his service-connected low back disorder and left lower extremity radiculopathy due to inadequate examinations. The Veteran needs new VA examinations to assess the severity of these conditions.