Back / lumbar spine decisions — 2018

The Veteran's degenerative disc disease and degenerative arthritis of the cervical spine were diagnosed during service, meeting the criteria for service connection.

The Veteran's claim for service connection for tinnitus is granted. The claims for increased ratings for left hand arthritis, right hand arthritis, and bilateral wrist conditions are dismissed as the Veteran withdrew them during his hearing. The claims for increased rating for status post left knee replacement and neck condition are remanded.

The Veteran's appeal regarding an increased rating for migraine headaches is dismissed. The claim of service connection for a back disorder was denied due to lack of new and material evidence, while the neck disorder issue is remanded.

The Board denied service connection for lumbar spine, left hip, and left knee disabilities claimed as secondary to the service-connected right knee disability due to lack of evidence linking these conditions to service or the service-connected condition.

The Veteran's application to reopen his claim for service connection for a right knee disability is granted. The claims for increased rating of left knee disability, service connection for right knee disability, lumbar spine disability, diabetes mellitus type II, hypertension, erectile dysfunction, and kidney disease are all remanded.

The Veteran's appeal of his right ear hearing loss disability rating is dismissed. The Board has also remanded the issue of service connection for a low back disability.

The Board has granted service connection for arthritis of the right shoulder, residuals of status post left shoulder arthroscopy, and cervical spondylosis. The Veteran's lumbar spondylosis with L3-4 and L4-5 stenosis is also considered as having been incurred in service.

The Board has reopened the claim of service connection for a low back pain disorder due to new and material evidence. However, the case is remanded as further medical examination is needed to determine if the Veteran's current low back pain disorder is related to his service-connected bilateral patella femoral syndrome.

The Veteran's appeal of service connection for ankylosis and bilateral hearing loss has been withdrawn.,Service connection for periodontal disease (for compensation purposes) is denied as it cannot be considered a compensable disability.

The Veteran's claims for service connection were not granted, but some issues were reopened. The low back condition and nerve damage to the left arm remain denied due to lack of evidence linking these conditions to service. Service connection for PTSD was reopened based on new evidence, while diabetes mellitus type 2 was denied as there is no record of its onset during service or within one year after separation.

Service connection is granted for tinnitus. Service connection is remanded for a back condition.

The Veteran's lumbar spine degenerative disc and joint disease, posttraumatic stress disorder, and major depressive disorders were all granted initial ratings. The lumbar condition received a 60% rating, the PTSD and depression conditions prior to May 17, 2004 also received a 60% rating, and the total disability evaluation due to individual unemployability was granted for that period.

The Board has decided that additional development is necessary for the Veteran's claims of service connection for a low back disorder and an acquired psychiatric disorder, as well as his special monthly compensation and TDIU claims. The case is being remanded to obtain relevant VA treatment records and conduct medical examinations.

The Board has determined that the Veteran's low back disorder began during service and is related to a lifting injury, thus granting service connection for this condition.

The Board has granted service connection for a bilateral knee condition. The claims for back disability and left ankle condition are remanded due to the need for further development.

The Board denied service connection for osteoarthritis of the right hip and degenerative disc disease (DDD) of the thoracolumbar spine, both claimed as secondary to knee disabilities. The Veteran's right knee disability was already service-connected.,For a scar on the right knee, the Veteran received a 10 percent evaluation initially in May 2012.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the need for additional development, including new VA examinations.

The Veteran's lumbosacral strain, degenerative arthritis, and degenerative disc disease of the thoracolumbar spine are caused by his service-connected right knee instability and degenerative arthritis.,There is at least a reasonable doubt as to whether the Veteran's left knee degenerative arthritis is caused by his service-connected right knee instability and degenerative arthritis. The evidence is approximately evenly balanced on this issue.,The Veteran's left carpal tunnel syndrome is caused by his service-connected right carpal tunnel syndrome.

The Board denied service connection for a low back disorder, finding that the evidence did not support a claim based on an undiagnosed Gulf War illness and that the Veteran's current diagnosed conditions are attributable to known clinical diagnoses.,Service connection was also denied for a right knee condition, as there is no in-service injury or disease linked to the current condition. The Board found that the right knee condition is not proximately due to, or aggravated by, service-connected left knee disability and/or low back disorder.,Obstructive sleep apnea (OSA) was granted based on evidence showing it began during service.,Service connection for Barrett’s esophagus was denied as there is no evidence of a current diagnosis that can be linked to service.,Prostate cancer was denied as the Veteran's condition did not meet the criteria for presumptive service connection under 38 C.F.R. § 3.317.

The Veteran's lumbar spine sprain is currently rated at 10 percent disabling. The Board found that the evidence does not support a higher rating due to insufficient functional limitations despite complaints of back pain and flare-ups.