Back / lumbar spine decisions — 2018

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's lower back disability is related to his service, including any in-service parachute jumping. The examiner must also assess whether it was aggravated by service or related to an injury during service.

The Board has granted service connection for headaches due to an in-service head injury and secondary to service-connected vascular dementia. The Veteran's joint pain conditions are denied as not related to service or a cold injury, and the scars on his left occipital area and right eyebrow are rated at 30 percent.

The Board has determined that the Veteran's claims of service connection for bilateral hearing loss, tinnitus, gastrointestinal condition to include GERD, right hand and thumb injured in service to include arthritis, and low back condition are remanded due to inadequate medical opinions and need for further examination.

The claim of service connection for hypertension is reopened and granted.,The claims of service connection for residuals of a left ankle sprain, carpal tunnel syndrome in the right wrist (to include as a result of burn scar), low back disability, right ear hearing loss, erectile dysfunction associated with prostate cancer, residuals of third degree burns on the right hand, and limitation of motion of the right wrist are not reopened.,The claim of service connection for prostate cancer is granted effective from May 29, 2013.

The Veteran's claims for service connection have been remanded due to the need for additional evidence and examination. The issues include hearing loss, sinusitis, rhinitis, COPD, headaches, sleep apnea, arthritis conditions, eye disabilities, circulatory problems, neuropathy, radiculopathy, hypertension, erectile dysfunction, hip disabilities, psychiatric disorders, lumbar spine disability, knee disabilities, and other unspecified conditions.

The Veteran's increased rating for mechanical low back pain with degenerative disc disease is denied. Effective dates of July 23, 2008 are granted for service connection of left and right lower extremity femoral nerve radiculopathies and sciatic nerve radiculopathies.

Service connection is granted for thoracolumbar spine degenerative disc disease and lumbar spine spondylosis, as well as other service-connected disabilities. The effective date for the award of service connection for hemorrhoids is set at November 29, 2015.

The Board has remanded the Veteran's claims for an evaluation in excess of 10 percent for a lumbar spine disability and for TDIU due to service-connected disabilities. The AOJ is required to provide VCAA notice, confirm with the Veteran if he wishes to pursue a TDIU claim, and issue a supplemental statement of the case addressing both issues.

The Board granted a separate rating of 10 percent for peripheral neuropathy of each lower extremity as a complication of service-connected diabetes mellitus, type II. The Veteran's left shoulder disability and arthritis of the lumbar spine with limitation of motion, right knee arthritis, and diabetes mellitus, Type II with retinopathy are all remanded for further examination and rating.

The Board denied service connection for thoracolumbar spine and cervical spine disorders, finding no evidence of in-service injury or disease that caused current disabilities.,Medical records show the Veteran had complaints of back pain during both periods of active duty but did not have a diagnosed condition until after service.

The Board denied the Veteran's claims of service connection for various conditions, including tinnitus, low back disability, otitis media, left ear pain, TBI, neurologic complications (panic attacks and night sweats), and nervous disability. The evidence did not establish a current disability or link to service.

The Veteran's claim for service connection for fibromyalgia has been denied as there is no current diagnosis of the condition.,The Veteran's claim for an increased rating for gastroesophageal reflux disease with hiatal hernia has also been denied, as her symptoms do not meet the criteria for a higher rating.

The Veteran's appeals for service connection for back, cervical spine, bilateral knee, gout and hypertension have been dismissed as the Veteran withdrew his appeals during a June 2016 Board hearing.

The Board has denied the Veteran's claims of service connection for lumbar spine disability, bilateral knee disability, left ankle disability, and left foot disability due to a lack of evidence linking these conditions to his military service.

The Veteran's service-connected asthma is not manifested by any compensable disability prior to September 11, 2006. From September 11, 2006, to June 24, 2014, the Veteran's asthma is manifested by intermittent shortness of breath and daily inhaler use. Since June 24, 2014, his asthma is manifested by intermittent courses of systemic corticosteroids.,The Veteran's service-connected degenerative disc disease of the lumbosacral spine is not manifested by any compensable disability prior to July 24, 2006. From July 24, 2006, to September 22, 2009, his condition is manifested by mild degenerative disc disease and slight scoliosis. Since September 22, 2009, his condition is manifested by forward flexion limited to 30 degrees.

The Veteran's appeal to reopen a claim of service connection for bilateral hearing loss is denied. Service connection for TBI is denied. The Board has remanded the remaining issues due to insufficient medical opinions and missing records.

The Veteran's service-connected PTSD is rated at 100 percent since March 10, 2003. Bilateral hearing loss and tinnitus are granted as service connected. Service connection for a back disability and peripheral neuropathy of the bilateral lower extremities (to include as secondary to a back disability) is remanded.

The Board has remanded the Veteran's claims for chronic low back pain and an acquired psychiatric disorder, to include depression, due to insufficient evidence. The Veteran will need to undergo VA examinations to determine the etiology of his conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence and need for further examination. The issues include left hip pain, degenerative disc disease of the cervical spine, Raynaud's syndrome, and bilateral plantar fasciitis.

The Veteran's claim for a higher disability rating for his service-connected lumbar spine condition is being remanded due to the need for a new VA examination.