Back / lumbar spine decisions — 2018

The Veteran's claim for service connection for right lateral/medial epicondylitis and hyperlipidemia was denied. The Board found no current diagnosis of these conditions.,Service connection for PTSD, thoracolumbar spine IVDS and degenerative arthritis, right lower extremity radiculopathy, left lower extremity radiculopathy, left ankle sprain, cervical spine strain, right shoulder sprain, right shin splints, left shin splints, hemorrhoids, right knee patellofemoral syndrome, and left knee patellofemoral syndrome was denied. The Veteran's PTSD disability rating prior to September 27, 2012 was also denied.

The Veteran's thoracolumbar spine disability was granted a 40 percent rating effective April 18, 2017. His left and right lower extremity radiculopathy were each granted separate 10 percent ratings effective the same date.

The Veteran's lumbar spine disability is rated at 40 percent effective August 17, 2017. TDIU benefits are granted.

The Board has remanded the Veteran's claims for service connection and evaluations of various disabilities, as well as his claim for an earlier effective date for PTSD. The case is being returned to the RO for additional development.

The Board dismissed the claim for service connection for right ear hearing loss due to the Veteran's withdrawal. The TDIU claim for the period prior to September 30, 2015 was denied as the Veteran’s service-connected disabilities did not prevent him from securing and following any substantially gainful employment.

The Board has remanded the case due to conflicting opinions regarding the relationship between the Veteran's low back disorder and his service-connected left ankle sprain. The Veteran needs further examination to clarify these issues.

The Veteran's appeal is remanded for further examination to determine the severity of his service-connected lumbar spine disability and associated neurologic conditions.

The Board has decided to remand the cases for further development and examination, as requested by the Veteran.

The Veteran's service-connected hepatitis C and back disability prevented him from securing and maintaining substantially gainful employment, meeting the criteria for a total disability rating due to individual unemployability (TDIU) effective November 4, 2011.

The Board has deferred the decision on entitlement to additional VA compensation for a dependent spouse pending the assignment of an initial disability evaluation for the low back disability and the adjudication of the TDIU claim.

The Board has remanded the Veteran's claims for increased ratings and service connection due to missing VA treatment records, as well as a need for further examination of his lumbar spine disability. The Veteran's claim for reopening a previously denied left knee disability is also remanded.

The Veteran's appeal of his mental health disability claim is dismissed. The Board has remanded the claims for service connection for low back and bilateral foot disabilities.

The Veteran's claim for an earlier effective date for the grant of service connection for a back disability is denied. The Veteran's claim for an earlier effective date for the assignment of a disability rating of 40 percent for a back disability is also denied.

The Board has decided to remand the case due to incomplete records, and requests that all relevant VA treatment records be obtained. The Veteran's low back disability will need to be reviewed by a VA examiner to determine if it is related to his service.

The Veteran's service-connected PTSD and diabetes mellitus partially contributed to his weight gain, which aggravated his obstructive sleep apnea (OSA). The Board granted service connection for OSA as secondary to these conditions. However, the Veteran does not have a current seizure disability that is related to his service-connected disabilities.

The Board has denied the Veteran's claims for service connection for a hand disability, low back disability, foot disability, and acquired psychiatric disability (depression). The appeals are being remanded due to missing service treatment records.

The Board denied service connection for cervical and lumbar spine disabilities, finding that the presumption of soundness has been rebutted in both cases.

The Board has remanded the claims for service connection for headaches and lumbar spine condition due to insufficient evidence. The Veteran's claim for TBI remains denied as he does not have a current diagnosis of TBI.

The Board denied a request for an effective date prior to August 6, 2015 for the grant of service connection for intervertebral disc syndrome (IVDS) of the lumbar spine. The appeal is remanded due to the need for additional medical examination and records.

The Board has determined that the Veteran's left ear hearing loss is service connected, but remands for further development regarding his back pain and right ear hearing loss claims. The TDIU claim is also remanded.