Back / lumbar spine decisions — 2018

The Board has remanded several issues for further development, including service connection claims related to the Veteran's low back condition and chronic pain of the lower extremities.,Service connection is not granted for glaucoma and torn inferior oblique (claimed as impaired vision), due to lack of evidence linking these conditions to service.

The Veteran's claims for service connection of bilateral hearing loss, tinnitus, and low back disability have been remanded due to the need for additional medical examinations. The Board will consider whether these conditions are related to service based on new evidence provided by the Veteran.

The Board has denied the Veteran's claims of service connection for bilateral ankle, left knee, and right knee disabilities. The case is remanded to obtain a new VA examination to determine if these conditions are related to service.

The Board denied service connection for the Veteran's neck disability, finding that there is no medical evidence linking his current cervical spine conditions to an in-service motor vehicle accident injury. The preponderance of the evidence does not support a link between the Veteran's current disabilities and his military service.

The Veteran's claim for a rating in excess of 20 percent for his lumbar spine disability is denied. The evidence does not show forward flexion of the thoracolumbar spine to 30 degrees or less, or favorable ankylosis of the entire thoracolumbar spine.,The Veteran's claim for a rating in excess of 50 percent for PTSD with depressive disorder is denied. The medical evidence does not support the presence of occupational and social impairment as contemplated by the 70% rating criteria.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for additional disabilities involving the bilateral leg (phlebitis), lumbar spine, and gastrointestinal system due to treatment by VA was denied in an April 2009 rating decision because there was no evidence that the April 2004 procedure caused his disabilities. The claim is now being denied again as new and material evidence has not been presented.

The Veteran's claims for a higher rating for his lumbar spine disability and TDIU are remanded due to the severe impact of pain medication on his employment capabilities. The Director of Compensation is requested to consider these factors in evaluating the Veteran’s claim.

The Veteran's claims for service connection have been reopened, and he is now service-connected for various conditions. However, further evidence is needed to determine the nature and etiology of his claimed disabilities.

The Board has remanded the Veteran's claims of service connection for a low back disorder, Lyme disease, insomnia, and migraines/headaches due to insufficient evidence. The Veteran is required to undergo VA examinations to determine if her conditions are related to her military service.

The Veteran's claim for an effective date prior to February 1, 2012 for the grant of service connection for various disabilities was denied. The Board found that the earliest possible date allowable for the grant of service connection is the day following separation from active duty service.

The Board has remanded several claims for further development, including those related to the Veteran's right shoulder disorder, lumbar spine disorder and right hip disorder, right ear hearing loss, sciatica, cervical spine disability, residuals of a right foot injury, depressive disorder, and left arm disability. The issues are secondary to other service-connected conditions.

The Veteran's service-connected back disability is rated at 20 percent, effective from the date of the decision.

The Board has determined that the Veteran's claims for increased ratings are remanded due to inadequate or incomplete examinations and further medical examination is needed.

The Board has remanded the cases due to insufficient evidence and need for further examination regarding service connection for cervical spine condition, lumbar spine condition, sleep apnea, and mental health problems.

The Board denied service connection for an acquired psychiatric disorder and a lumbar spine disorder, finding that the evidence did not establish a link between these conditions and service.

The Board has remanded the claims for service connection for a low back disability and right ankle disability, both secondary to service-connected residuals of a stress fracture of the right second metatarsal. The Veteran's representative requested additional opinions on direct service connection.

The Board denied service connection for a bilateral knee disorder and a bladder disorder, including urine incontinence, due to lack of evidence showing onset or causation during active service.

The Veteran's PTSD is rated at 50 percent, and he is granted a TDIU based on his service-connected disabilities.

Service connection for TBI and associated disabilities is granted, effective May 24, 2017. The Veteran's migraines are service connected as a residual of his TBI. Effective dates for other conditions are set based on the reopening of previously denied claims.

The Veteran's service-connected depressive disorder is granted. The rating for his spondylolisthesis of the lumbosacral spine remains at 20 percent, but he is granted a separate rating for radiculopathy of the bilateral lower extremities.