Back / lumbar spine decisions — 2018

The Board has granted service connection for fibromyalgia and remanded the remaining issues due to insufficient evidence.

The Veteran's claim for service connection for DDD of the cervical spine and tinnitus was denied. The February 1993 rating decision regarding right knee disorder is considered final, and a CUE claim for that decision is also denied. Service connection for chronic orthopedic manifestations of lumbar spine DDD was denied with respect to the period from June 30, 2014 to April 19, 2015, and since April 19, 2015.

The Veteran's chronic lumbar spine strain has been rated at 10 percent since May 2007 and increased to 40 percent effective from November 16, 2015. The increase is due to flare-ups that have limited forward flexion of the thoracolumbar spine to less than 30 degrees but not resulting in ankylosis.

The Board has decided to remand the Veteran's claims for service connection for back, neck, left hip, and right hip disabilities due to a lack of VA examination.

The Board has remanded the case due to an inadequate examination in June 2016, which did not consider the Veteran's service history and medical complaints. The case is now being reviewed with a new VA examination.

The Board has remanded the issues of service connection for cervical spine degenerative disc disease and increased ratings for left knee conditions due to new evidence. The total rating case is also remanded.

The Veteran's PTSD is rated at 70% prior to March 3, 2015. The TDIU claim has been granted with an effective date of June 12, 2012. Service connection for a back condition is remanded.

The Veteran's claims for increased ratings for cervical and thoracolumbar spine disabilities are being remanded due to the need for updated VA treatment records and a new examination.

The Board has reopened the Veteran's claim for service connection for lumbosacral or cervical strain (claimed as lower back injury or scoliosis) due to new and material evidence. The Board also granted service connection for this condition, finding a nexus between the Veteran's current disability and an in-service injury.

The Veteran's appeal is remanded for further evaluation of his left foot scar and service connection claim for a back disorder. His VA treatment records need to be obtained, and he should undergo a new examination.

The Board has remanded several issues, including the reopening of a claim for service connection for a neck condition and the increased rating for right shoulder osteoarthritis. Other claims are also being remanded for further development.

The Board has granted service connection for bilateral hearing loss and tinnitus, but has remanded the issue of service connection for a back disorder due to insufficient evidence.

The Veteran's tinnitus and left ear hearing loss are granted service connection. Right ear hearing loss is denied as there was no diagnosis of hearing loss in the right ear during the appeal period. The Veteran's right shoulder disability is granted a rating of at least 20 percent from September 28, 2009 to May 23, 2011.

The Board has remanded the claims due to insufficient verification of service periods and a need for additional service treatment reports.

The Veteran's service-connected PTSD and low back disorder, along with other conditions, make him unable to secure or follow a substantially gainful occupation.

The appeals for service connection of a back disorder, COPD, and increased ratings for chronic prostatitis have been dismissed. The abdominal disorder and precancerous lesions are denied.

The Veteran's service-connected disabilities rendered him incapable of securing or following a substantially gainful occupation prior to November 2, 2016. Therefore, the Board has granted entitlement to Total Disability Retirement based on Unemployability (TDIU) prior to that date.

The Board denied the Veteran's petitions to reopen his claims for service connection for low back disability and acquired psychiatric disorder, finding that new and material evidence did not raise a reasonable possibility of substantiating these claims.

The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including obstructive sleep apnea, hypertension, abdominal aortic aneurysm, right shoulder degenerative joint disease, cervical spine degenerative joint disease, thoracolumbar spine degenerative joint disease, left knee arthritis with left leg shin splints, and right knee arthritis with right leg shin splints. The Veteran will be provided additional VA examinations to determine the nature and etiology of these conditions.

The Veteran's lumbar spine disability is rated at a 40 percent since March 1, 2015.