Back / lumbar spine decisions — 2018

The Veteran's claim for service connection for tinnitus is granted. The Board finds that the evidence is at least in relative equipoise as to whether the Veteran’s tinnitus had its onset during active service and will resolve the benefit of the doubt in favor of the Veteran.

The Board has remanded the case due to inadequate examination and incomplete records, particularly from his time in prison.

The Board has dismissed the appeal due to the Veteran's death, and no jurisdiction remains for the merits of the claims.

The Veteran withdrew his appeal of the issue of entitlement to an initial compensable rating for migraine headaches prior to the Board's decision.

The Veteran's back disability is presumed to be related to service, and the Board finds that it was incurred in active service. The psychiatric disability (depression) is not secondary to the back disability.

The Board denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his disabilities did not prevent him from obtaining or maintaining substantially gainful employment.

The Board has remanded the cases for further development and consideration, including obtaining relevant private treatment records.

The Board has remanded the cases for further development and consideration due to insufficient medical opinions regarding the etiology of the Veteran's conditions.

The Board has dismissed the claims for DJD of the cervical spine and lumbar spine, as well as the ratings for left knee, internal derangement of the left knee, residuals of a right knee meniscectomy, scarring of the right knee, and hidradenitis suppurativa. The issues of service connection for obstructive sleep apnea (secondary to major depressive disorder), rating in excess of 50 percent for major depressive disorder, and TDIU have been remanded.

The Veteran's thoracolumbar spine disability, diagnosed as arthritis of the thoracolumbar spine with osteophytes, is granted service connection due to a continuity of symptoms since active service.

The Board has remanded the Veteran's claims for service connection for various conditions, including back condition, hearing loss, sleep apnea, kidney condition, skin rash over the entire body, hypothyroidism, PTSD, and depressive disorder. The decision also includes a remand for TDIU due to inextricably intertwined issues.

The Veteran's lumbar and cervical spine disabilities were not granted initial ratings higher than 40% and 10%, respectively. The claims for service connection of various lower extremity disabilities, bilateral hearing loss, and tinnitus are all denied.

The Veteran's claim for increased ratings for his lumbar spine and lower extremity disabilities was denied. A rating of 40 percent, but not greater, is granted for radiculopathy of the right lower extremity from December 3, 2012 to present. The claims for service connection for radiculopathy of the left lower extremity prior to December 3, 2012 and for radiculopathy of the right lower extremity from December 3, 2012 to present were denied.

The Board has granted service connection for a right knee disorder and awarded a 20 percent rating for the Veteran's lumbar spine disorder, effective from February 9, 2017. The decision also denied an increased rating for the lumbar spine disorder prior to that date.

The Board denied a TDIU as the Veteran's service-connected disabilities, alone, do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support a higher rating for low back strain, left foot fasciitis, right foot fasciitis, seborrheic dermatitis, or hemorrhoids. The initial rating of 70 percent for PTSD prior to September 2, 2014 and TDIU based solely on service-connected PTSD since August 17, 2012 were granted.

The Veteran's service connection claims for hearing loss, tinnitus, and low back disability have been denied. The Board has found that the evidence does not support a finding of in-service injury or disease related to these conditions.,For hearing loss, there is no showing of a current disability within the applicable presumptive period.

The Veteran's appeals for extraschedular evaluations have been dismissed as he has withdrawn his appeal.

The Veteran's appeal for an evaluation in excess of 40 percent for degenerative disc disease of the lumbar spine on or after November 28, 2016 is dismissed. The issue of entitlement to a compensable rating prior to that date remains pending and will be remanded.

The Board has remanded the Veteran's claims for increased ratings and service connection due to the need for additional medical examinations and information from the Veteran.