Back / lumbar spine decisions — 2018

The Board dismissed the issue of whether new and material evidence has been received to reopen a previously denied claim for service connection for degenerative joint disease, thoracolumbar spine. The issues of entitlement to service connection for bilateral hearing loss, tinnitus, and TBI are remanded.

The Veteran's lumbar spine degenerative disc disease and lumbosacral spine fibromyositis were rated at 20 percent prior to October 15, 2006. The rating was denied as the disability did not meet criteria for a higher evaluation.

Service connection for elevated cholesterol, generalized arthritis, right shoulder disability, left shoulder disability, back disability, left leg disability, right leg disability, and bilateral foot disability is denied.,Service connection for psychiatric disability and insomnia is denied.

The Board has denied an increased rating for the service-connected L2 vertebra fracture with chronic low back pain, as the evidence does not show that the disability warrants a higher evaluation.

The Board has remanded several issues related to the Veteran's service connection claims, including bilateral hearing loss, skin cancer, lumbar spine disability, left lower extremity neurological disability, head trauma residuals, vertigo, and vision disabilities. The effective date for PTSD service connection remains under review.

The Veteran's cervical spine disorder and headaches have been granted service connection.,Service connection for bilateral hearing loss has not been established.

The Board has denied the Veteran's claim of service connection for a heart disability, finding that there is insufficient evidence to establish a link between his current condition and service. The appeal regarding the secondary service connection for lumbar spine condition is remanded due to inadequate medical opinions.

The Board denied service connection for degenerative arthritis of the cervical spine and lumbar spine as there was no evidence showing these conditions were first manifested in service or within one year after service, and the VA examiners opined that any current disabilities are less likely caused by service.

The Veteran's claim for a compensable rating for intervertebral disc syndrome with degenerative arthritis of the lumbosacral spine is remanded due to insufficient prior examinations and the need for a new VA examination.

The Veteran's back disability, scars from spinal surgery, and bilateral lower extremity radiculopathy are rated based on their severity. The rating for the back disability is denied as it does not meet the criteria for a higher rating.,A compensable rating (10%) has been granted for the Veteran’s painful and unstable scars.

The Board is remanding the case to determine if there is new and material evidence for reopening a claim of service connection for low back disability, including considering whether clear and unmistakable error (CUE) exists in an August 2013 rating decision. The dates of any period of active duty, active duty for training, or inactive duty for training during May 1999 need to be verified.

The Board has remanded the cases of an extraschedular rating for left knee disabilities and a TDIU claim due to incomplete claims forms. The Veteran was provided with VA Form 21-526EZs to file service connection claims for right knee, left hip, GERD, and lumbar spine.

The Board has remanded several issues related to the Veteran's service connection claims, including those for right shoulder disability, cervical spine degenerative disc disease, lumbar strain, left knee strain, right knee scars, bilateral hearing loss, and adjustment disorder with anxiety. The VA treatment records from December 2014 to the present are requested.

The Veteran's claims for service connection and compensable ratings are being remanded due to the need for additional examinations and opinions.

The Board has granted service connection for a low back disability, left hip disability, and right ankle disability. These conditions are considered to be directly related to the Veteran's military service.

The Veteran's service-connected disabilities did not meet the schedular criteria for TDIU prior to June 9, 2015. The Board found that he was unemployable due to his service-connected disabilities as of June 9, 2015.

The Board denied service connection for lumbar spine and cervical spine disabilities, as well as radiculopathy, diaphoresis, hypertension, residuals of inguinal hernia, gastrointestinal disability, prostate disability, and peripheral nerve disability (claimed as peripheral neuropathy) due to lack of evidence linking these conditions to service.,The Board also remanded the issue of service connection for arm pain (degenerative joint disease of the bilateral shoulder).

The Board has remanded the claims of service connection for a cervical spine condition and sleep apnea due to incomplete opinions from VA examiners. The Veteran's cervical condition is related to his military service, but the examiner found no evidence in service records. Sleep apnea was diagnosed after service, and there is conflicting information about its onset.

The Board denied service connection for pneumonia and a lung condition associated with pneumonia due to lack of current diagnosis. The low back disability claim is remanded for further examination.

The Veteran's skin cancer and COPD are granted service connection. The effective dates for IBS, cervical spine degenerative disc disease, lumbar spine degenerative disc disease, and radiculopathy of the right lower extremity are denied.,Service connection is granted for sleep apnea and a right knee disability.