Back / lumbar spine decisions — 2018

The Board denied reopening and service connection for skin disorders, acquired psychiatric disorders, and low back disabilities due to lack of new and material evidence.

The Board denied the Veteran's claims of service connection for lumbar strain, right ear hearing loss, PTSD, and bilateral hip disability as new and material evidence was not submitted to reopen these previously denied claims.

The Veteran's low back disability, sciatica of the bilateral lower extremities, and depression are all granted as service-connected.

The Board has granted the Veteran's request to reopen his claim for service connection for a bilateral hip disorder, but has remanded the case for further development regarding the nature and etiology of this condition. The case is also remanded for further development regarding the Veteran's lumbar spine disorder and any psychiatric disorder that may be related to it.

The Veteran's cervical degenerative disc disease with postoperative residuals is not rated higher than 20 percent, and his total disability rating based on individual unemployability due to service-connected disorders is denied.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for inguinal hernia. The claims for back disorder, bilateral hearing loss, tinnitus, myeloma, peripheral neuropathy (left upper extremity), peripheral neuropathy (left lower extremity), radiculopathy (right lower extremity), and an acquired psychiatric disorder (major depressive disorder and posttraumatic stress disorder) are remanded.

The Veteran's claim for increased ratings and effective dates is being remanded due to the need for additional examinations and records. The issues of TDIU are also inextricably intertwined with the rating claims.

The Board denied the Veteran's claims for service connection for lower back condition/arthritis, hypertension, and diabetes mellitus, type 2 as there was no evidence of a relationship between these conditions and his military service.

The Veteran's left ankle lateral collateral ligament sprain is granted service connection as secondary to his service-connected multiple sclerosis. The reduction of the rating for lumbar spine degenerative disc disease from 20% to 10% was improper, and the 20% rating is restored. The Veteran's claim for a higher rating for lumbar spine degenerative disc disease is denied.

The Board has reopened the claim of service connection for a cervical spine disorder, but the claims for service connection for lumbar spine disorders and neurological disorders of the lower extremities remain pending. The case is remanded to obtain additional medical opinions regarding the nature and etiology of these conditions.

The Board has remanded the case due to insufficient evidence regarding the Veteran's hearing loss, and a VA examination is needed to determine if his current hearing loss is related to military service.

The Board has reopened the claims of service connection for lumbar spine arthritis and right lumbar radiculopathy, finding that new evidence received since previous denials supports these claims. The Veteran's current diagnoses are supported by VA treatment records and his own reports of continuous back symptoms in the years since service.

The Veteran's claims for service connection for lumbar spine, sinusitis, and respiratory disorders have been reopened due to the submission of new and material evidence. The Board has also remanded these issues.,Service connection for a separate right sciatic nerve disorder is denied as there is no separate disability other than the already service-connected diabetic neuropathy of the right lower extremity.

The Board has determined that additional development is necessary for the Veteran's claims, including obtaining updated VA treatment records and conducting further examinations to assess the severity of his service-connected knee and wrist disabilities.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's service-connected PTSD or pain from his other disabilities caused or aggravated his heart disease, which was the cause of death.

The Board has remanded the service connection claims for residuals of a spinal tap, cysts as secondary to residuals of a spinal tap, neuropathy of the lower extremities as secondary to residuals of a spinal tap, and low back disability as secondary to residuals of a spinal tap due to incomplete records from Moffett Field.

The Board denied an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) because the Veteran's self-employment earnings were above the poverty threshold and did not constitute a protected work environment.

The Board has remanded the cases due to issues related to CUE in previous rating decisions, and the current appeal is considered inextricably intertwined with these matters.

The Veteran's right shoulder impingement syndrome is granted as service connection was reopened.,Service connection for lumbar spine disability with bilateral lower extremity radiculopathy, acquired psychiatric disorder (including depression and insomnia), bilateral flat feet, left hip disability, right hip condition, left wrist disability, right wrist disability, left knee disability, right knee disability, left ankle disability, right ankle disability, heart condition, and erectile dysfunction is granted.,Service connection for bilateral hearing loss disability and tinnitus are denied.

The Board found that new and material evidence had been received to reopen the claim for service connection for residuals of a back injury. The Veteran's current back disability is not related to his in-service back contusion, as there was no chronicity of symptoms post-service. The Board determined that the Veteran's arthritis is more likely due to post-service injuries rather than an in-service event.