Back / lumbar spine decisions — 2018

The Veteran's lumbar spine disability was rated at 20% from June 22, 2009 to June 7, 2011 and denied for an increased rating. From June 7, 2011 forward, the disability was rated at 40% and also denied for an increased rating.

The Board denied reopening of service connection for a low back disorder and denied compensation under 38 U.S.C. § 1151 for a left rotator cuff tear due to lack of new and material evidence, and because the Veteran's condition preexisted VA treatment.

The Board denied service connection for low back, right hip, left knee, and right knee disabilities. Service connection was also denied for high cholesterol, high blood pressure, and a stomach condition.,Service connection was granted for an acquired psychiatric disorder (including anxiety and depression) secondary to service-connected bilateral hearing loss.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and for a rating in excess of 10 percent for bilateral plantar fasciitis due to insufficient rationale provided by VA examiners and incomplete medical records.

The Board has granted service connection for right shoulder degenerative arthritis and remanded the issue of service connection for lower back disability.

The Board has denied the Veteran's claims of service connection for bilateral knee, bilateral foot, and lower back disabilities due to lack of evidence linking these conditions to his military service.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance, warranting SMC based on the need for regular aid and attendance.

The Board denied the Veteran's claims for service connection for a lumbar spine condition and an acquired psychiatric disorder (including anxiety disorder, depressive disorder, and cannabis abuse disorder) due to lack of new and material evidence. The claim for a lumbar spine condition was previously denied in May 2007, and no new or material evidence has been received since then. For the psychiatric disorders, there is insufficient evidence linking them to service.

The Board has determined that the Veteran's current thoracolumbar degenerative disc disease is related to service, granting his claim for service connection.

The Veteran's claims for initial noncompensable rating for scar of the right flank and a rating in excess of 10 percent for lumbosacral strain are being remanded due to procedural issues.

The Veteran's bilateral hearing loss disability is rated as noncompensable, with no worse than Level II hearing impairment in the right ear and Level I hearing impairment in the left ear.,For the entire period on appeal, the Veteran’s service-connected disabilities have precluded him from securing or following a substantially gainful occupation.

The Veteran's appeal is remanded for further development, including VA examinations to determine the nature and etiology of his cervical spine condition, lumbar spine condition, and left knee strain with calcific tendonitis.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's low back disorder, including its onset and relationship to service. The Veteran will need to provide additional medical records and undergo a VA examination.

The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of this decision.

The Board has decided to remand the case due to a discrepancy between the Veteran's record and the August 2017 VA examination, which did not include information about urinary incontinence. An additional examination is required to determine the current severity of his service-connected thoracic spine disability.

The Board denied the Veteran's claims for service connection for various conditions, including arthritis in multiple joints to include lumbosacral spine, cervical spine, and bilateral wrists; an eye disability (cataracts); a CVA; chronic kidney disease; hypertension; diabetes mellitus, type II; peripheral neuropathy of the bilateral lower extremities; peripheral neuropathy of the bilateral upper extremities; and CAD. The Board found no new and material evidence to reopen the claim for arthritis in multiple joints.

The Board has remanded the cases for further development and examination due to incomplete records and need for clarification on service connection.

The Board denied the Veteran's claims for service connection for left hip and back disorders as secondary to his service-connected right knee disability, finding that there was no evidence showing these conditions were caused or aggravated by his right knee disability.

The Board has determined that new and material evidence has been received to reopen the service connection claims for low back disability, left hip disability, right hip disability, left knee disability, and right knee disability. The Veteran's depressive disorder is found to be proximately due to his service-connected left shoulder disability.

The Board has remanded the claims for service connection for a lumbar spine disability, headache disability, hepatitis, vision disorder, lung disorder (asbestosis and mesothelioma), and an acquired psychiatric disorder (PTSD) due to incomplete evidence and need for additional medical opinions.