Back / lumbar spine decisions — 2018

The Veteran's initial claim for an increased evaluation of rhinitis was denied. The Board found that the evidence did not meet the criteria for a compensable evaluation under Diagnostic Code 6522.,The claim to reopen service connection for a low back disorder was denied due to lack of new and material evidence.,The claim to reopen service connection for a right knee disorder was denied due to lack of new and material evidence.,The claim to reopen service connection for an acquired psychiatric disorder, including PTSD and depression, secondary to rhinitis, was granted. The Board found that the evidence raised a reasonable possibility of substantiating the claim.,The claim to reopen service connection for a neck disorder was denied due to lack of new and material evidence.

The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for additional medical opinions regarding whether his current disabilities, including back disability, bowel obstruction, osteoarticular infection, CKD, depression, bilateral knee and shoulder conditions, and malnutrition, were caused by a perforated bowel resulting from a VA colonoscopy in November 2011.

The Board denied service connection for PTSD and remanded the issue of service connection for a low back disorder. The denial was based on insufficient evidence to verify the claimed in-service stressors, leading to a lack of a causal relationship between current PTSD symptoms and service.

The Board has remanded the claims of service connection for elbow trauma, bilateral shoulder trauma, a back disability, and posterior head trauma due to incomplete records from the Veteran's Army Reserve service.

The Board denied service connection for a back disability and remanded issues regarding the left hip condition, including rating in excess of 20 percent and compensable rating for limitation of extension and flexion.

The Veteran withdrew his appeals on all issues, including increased ratings for low back disability, obstructive sleep apnea, ulcerative colitis and GERD, and appendectomy with residual scar. As a result, the Board has dismissed these matters.

The Board has granted service connection for a low back disability and left ear hearing loss, finding that these conditions are related to the Appellant's military service.

The Board has decided that the Veteran's low back disability may be service-connected as secondary to her service-connected osteoporosis of the thoracic spine, and a compensable rating for her osteoporosis is also needed. The TDIU claim will need further development.

The Veteran's low back disability has been rated at 40 percent since October 2011. The Board found that the evidence did not show unfavorable ankylosis of the thoracolumbar spine, which is required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical opinions. The TDIU claim is also being remanded.

The Board has remanded the Veteran's claim for service connection for a lumbar spine disability due to conflicting medical opinions and lack of imaging studies. The Veteran is requested to provide releases for private treatment records related to his lumbar spine disability and prior motor vehicle accidents, and VA treatment records should be added to the electronic claims file.

The Veteran's appeal of the calculation of his combined rating, which was assigned a 60 percent rating in July 2014, is denied. The AOJ properly calculated the combined rating based on individual ratings at that time.

The Board denied the Veteran's claims for service connection for bilateral lower extremity and hip conditions, finding that there was no evidence of in-service injury or disease related to these conditions. The claim for lumbar degenerative disease was also denied.

The Veteran's lumbosacral strain rating is being remanded for a VA examination to assess the current severity of her condition, including any neurological manifestations such as left leg sciatica.

The Board has remanded the case due to the need for a VA examination and to address service connection for rheumatoid arthritis, as well as rating for low back strain with osteoarthritic changes.

The Board has granted service connection for a right ankle disability secondary to the Veteran's service-connected right knee arthritis. The issues of rating the thoracolumbar spine and L5 radiculopathy, as well as entitlement to TDIU, are remanded.

The Board has reopened the claims for service connection for low back disorder, neck disorder, left shoulder disorder, and right great toe disorder due to new and material evidence received since the last final denial. Service connection is granted for these conditions.

The Board has found that the Veteran meets the schedular criteria for a TDIU, but further development is needed to determine if his service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Veteran's scoliosis and thoracolumbar degenerative joint disease are service-connected as they were aggravated by her military service. Her right ear hearing loss is also service-connected, with the presumption of aggravation being upheld.

The Board denied service connection for a neck condition, right elbow condition, left elbow condition, and bilateral hand condition. The Veteran's current conditions are attributed to known clinical diagnoses.,Service connection was not granted due to lack of evidence showing the conditions began in service or within one year of service.