Back / lumbar spine decisions — 2018

The Board has determined that the Veteran's low back disability is related to service, resolving reasonable doubt in favor of the Veteran.

The Board denied service connection for various conditions, including lumbar spine disorder, bilateral hearing loss, tinnitus, type II diabetes mellitus, heart disorder, lung disorder, cysts of the throat and right parotid gland, skin cancer of the forehead, loss of vision, bilateral lower extremity peripheral neuropathy, erectile dysfunction, bilateral foot swelling, and bilateral hand disorder. The claims were denied as new and material evidence had not been received to reopen these claims.

Your claims for service connection are being remanded due to the need to obtain additional medical records and complete a VA Form 21-4142 for names of physicians who treated you.

The Veteran's claim for service connection for PTSD was denied. The Board found no evidence of a current diagnosis of PTSD and thus, the first requirement for service connection was not met. For his lumbar spine disability, the Veteran received an initial rating of 40 percent prior to March 12, 2018, under the old criteria, which is now rated as 20 percent disabling under the new General Formula for Diseases and Injuries of the Spine (DC 5243). The Veteran's claim for increased ratings for lower extremity radiculopathy and residuals of a fracture of the right tibia and fibula were denied.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has determined that he is unemployable due to his service-connected conditions.

The Board dismissed the Veteran's appeals for increased evaluations of his right ring middle finger fracture and surgical reduction of hypertrophied turbinates, as well as his claims for service connection for gastroenteritis, a right-hand condition associated with a right ring middle finger fracture, and a back condition. The appeal for service connection for sleep apnea was remanded.

The Board denied the Veteran's claim for service connection of a low back condition, finding that there was no evidence to support a nexus between his current arthritis and any in-service injury or event. The preponderance of the evidence did not show continuity of symptomatology since service.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, thus meeting the criteria for a TDIU.

The Board has determined that the VA examinations for lumbar spine disability and obstructive sleep apnea are inadequate, and thus remanded to obtain new opinions.

The Board has expanded the issue to include whether a change in the Veteran's vocational rehabilitation employment goal from marriage & family therapist or related occupation to that of a college professor is warranted. The case will be remanded for an additional functional capacity evaluation and review of the evidence.

The Board denied service connection for hypertension, erectile dysfunction, and low back strain. The Veteran's left shoulder disorder (claimed as lower back pain) and right shoulder disorder were remanded.,Further development is needed to obtain private medical records from Dr. TD.

The Board denied the Veteran's claims for service connection for a cervical spine disability and unilateral spondylosis of the L5 pars and lumbar facet syndrome with minor degenerative changes of the thoracic spine, finding that her pre-existing conditions were not aggravated by active duty.

The Board denied service connection for low back strain and bilateral hearing loss, finding no evidence of a nexus to service.,Service connection was also denied for chronic bronchitis due to herbicide exposure, as there is no evidence of such an illness in the record.

The Veteran's lumbar spine disability is rated at 40% for the period from May 10, 2016 forward. The Veteran's depressive disorder remains at a 30% rating.

The Veteran's low back condition is related to in-service back trauma and has been granted service connection.,The Veteran's neck, sleep apnea, arthritis of upper extremities, gastrointestinal condition (hiatal hernia and acid reflux), left knee, right knee, left ankle, hypertension, and skin condition have not yet been determined due to the need for additional medical examinations.

The Veteran's physical and mental disabilities necessitate the aid and attendance of another person to assist with some activities of daily living and protect him from ordinary hazards. The Board has determined that he meets the criteria for special monthly pension benefits based on the need for aid and attendance.

The Board has remanded the claims for service connection due to incomplete information about the appellant's active duty periods.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy were denied increased ratings. The lumbar spine disability was rated at 40 percent, left lower extremity radiculopathy at 10 percent, and right lower extremity radiculopathy involving the femoral nerve and sciatic nerve separately at 10 percent.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including right ankle sprain, lumbar strain, left knee degenerative joint disease, and left hamstring strain. The Veteran is also seeking service connection for a left ankle disability.

The Board has decided to remand the Veteran's claim for an initial disability rating in excess of 30 percent for a low back disorder due to inadequate examination findings. A new VA examination is needed to assess the current severity of his service-connected low back disability.