Back / lumbar spine decisions — 2018

The Board has granted service connection for obstructive sleep apnea, an acquired psychiatric disorder (adjustment disorder with depression), arthritis of the thoracolumbar spine, degenerative changes of the left and right ankles, and bilateral pes planus. The issues have been resolved in favor of the Veteran.

The Board has granted service connection for COPD and a back disability, finding that the Veteran's conditions are at least as likely as not related to his military service. The claims for residuals of a collapsed lung have been remanded due to insufficient evidence.

The Board has denied the Veteran's claims for service connection for arthritis, back disability, bunions, bilateral hearing loss, sleep disorder, and an acquired psychiatric disorder (including PTSD, major depressive disorder, and generalized anxiety disorder) as there is no evidence of a current disability or in-service injury, event, or disease that would support these claims.

The Veteran's appeals for service connection for various conditions, including knee and hip issues secondary to a right ankle condition, have been dismissed due to the Veteran's withdrawal of these appeals. The remaining claims are remanded for further examination.

The Board has remanded the Veteran's claims for osteoporosis, fibromyalgia, left shoulder disability, right shoulder disability, low back disability, stress fractures in the legs and feet, and an acquired psychiatric disability (including PTSD and major depressive disorder) due to outstanding evidence and additional development being required.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of this claim as it is now moot.

The Board has remanded the Veteran's claims for service connection and increased rating for various disabilities, including left shoulder disability, right shoulder disability, right hand disability, cervical spine disability, peripheral neuropathy of the upper extremities, carpal tunnel syndrome, and right wrist disability. The Veteran is also required to provide additional non-VA treatment records and Worker’s Compensation claim records.

The RO reduced the ratings for several service-connected conditions, but found that the reductions were not supported by evidence of actual improvement. The case is remanded to determine if there has been an actual change in the Veteran's ability to function under ordinary life conditions.

The Board denied service connection for all claimed disabilities, finding that there was no evidence of a current disability related to service or herbicide exposure.

The Board has denied service connection for sleep apnea and remanded the issue of a rating in excess of 20 percent for degenerative disc disease (DDD) of the lumbar spine.

The Veteran's claims for service connection have been granted, and he is now entitled to a 10 percent rating for his tinnitus. The other conditions are also recognized as service-connected.

The previously-denied claims for lower back disability and bilateral eye disorder are reopened, but the other claims remain pending.,The Veteran's current eye disorder is related to her in-service exposure to blowing sand and use of Visine. A VA examination is needed to determine if it is due to Persian Gulf War service.,VA will obtain a medical opinion regarding whether the Veteran has bilateral knee disabilities, including a history of an acute injury during service.,A VA examination is required to assess whether the Veteran's current joint pain is related to her Persian Gulf War service. A medical opinion should be obtained regarding this issue.,The Veteran needs a VA examination to determine if she has any objective manifestations of cold injuries from service, and a medical opinion should be provided on this matter.,A VA examination is needed to assess whether the Veteran has a current gynecological disorder related to her in-service treatment for sexually transmitted diseases. A medical opinion should be obtained regarding this issue.,The Veteran needs a VA examination to determine if she currently suffers from chronic headaches that are related to service, including an in-service head injury.

The Board has remanded the claims of service connection for cervical radiculopathy and lumbar radiculopathy, as well as increased evaluations for the Veteran's lumbar spine and cervical spine disabilities. The left ankle disability claim is also being remanded.

The Board has revised the effective date for the lumbar spine disability rating claim from November 1997 to March 1981, and granted a 60 percent rating with an earlier effective date of March 9, 2002.

The Veteran's myositis of the lumbar spine is rated at 40 percent, and his adjustment disorder prior to November 28, 2017, and in excess of 70 percent thereafter are both denied.

The Veteran's claims for service connection have been reopened, but the Board has not found new evidence to support these claims.

The Veteran's TDIU claim is being referred to the Director of Compensation Service for consideration on an extraschedular basis due to his service-connected back disability preventing him from obtaining or maintaining substantially gainful employment.

The Veteran's right and left knee disabilities, as well as his bilateral hearing loss and tinnitus, were denied service connection. The Board found that the conditions did not manifest to a compensable degree in service or within the applicable presumptive period.,There is no evidence of arthritis in the knees during service, and continuity of symptomatology was not established.

The Board has remanded the Veteran's claims for initial increased ratings for degenerative disc disease of the lumbar spine and bilateral knee disability due to inadequate examination reports. The Veteran is required to provide additional evidence or authorization, and a new VA examination will be scheduled.

The Board denied service connection for cervical and thoracolumbar spine disabilities as there is no competent evidence linking the current conditions to service, including a lack of continuity of symptomatology.