Back / lumbar spine decisions — 2018

The Veteran's service-connected low back pain with lumbar muscle spasms does not prevent him from securing or maintaining substantially gainful employment.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's acquired psychiatric disability, including anxiety disorder NOS, is at least as likely as not caused or aggravated by his service-connected knee disabilities. The lumbar spine disability is also found to be related to the service-connected knee disabilities.

The Board found that the Veteran's low back disability did not manifest during service and was not related to his military service. The residuals from a nose fracture and/or deviated septum were also not shown to be related to service.

The Board has determined that the Veteran's depression is proximately due to or the direct result of his service-connected knee and back disabilities, thus granting service connection for depression.

The Veteran's appeal is mixed, with some issues granted and others not. The decision addresses increased disability ratings for various knee disabilities, service connection claims, and compensation under 38 U.S.C. § 1151.

The Board found that the Veteran's lumbar and cervical spine disorders were not incurred in service due to a pre-existing condition, and thus denied his claims for service connection.

The Veteran's claims for service connection for a lumbar spine disorder, hearing loss, and PTSD were denied. The Board found that the Veteran did not meet the criteria for service connection as his conditions are not directly related to his military service.

The Veteran's DDD of the lumbosacral spine is rated at 40 percent since January 6, 2011. A separate 40 percent rating for radiculopathy of the right lower extremity associated with DDD of the lumbosacral spine is also granted.

The Veteran's lumbar radiculopathy of the right and left lower extremities is rated at 40 percent since July 2, 2015. Service connection for anxiety, depression, and PTSD has been granted.

The Veteran's claims for increased disability rating, service connection, and TDIU are being remanded due to the need for additional examinations and opinions.

The Board denied the Veteran's claim for service connection of a back disorder, finding that there was no evidence to establish a link between his current condition and his in-service injury. The Board noted that while the Veteran had complaints of back pain during service, these were not followed by any chronic conditions or diagnoses.

The Veteran's claim of service connection for a back disability has been reopened due to new and material evidence. The issue regarding the temporary 100 percent rating based on convalescence following back surgery was withdrawn by the Veteran. The case is remanded for further development, including obtaining medical opinions and treatment records.

The Board has remanded the claims of service connection for right hip, low back, and chest disabilities due to new evidence submitted by the Veteran. The claim for gastroesophageal reflux disorder (GERD) remains denied as there is no new and material evidence.

This appeal is dismissed as the Veteran withdrew his claim for an initial rating in excess of 10 percent for tinnitus. The service connection claim for bilateral hearing loss was denied because there is no current diagnosis of a hearing loss disability by VA standards.,The claims for emphysema with COPD and residuals of a spontaneous pneumothorax, lumbar spine disability, cervical spine disability, and PTSD are all remanded as the Veteran's symptoms have worsened since his last examination.

The Board denied service connection for a lumbar spine disorder, left knee disorder, right knee disorder, and bilateral hearing loss as there was no evidence of a chronic disability in service or within one year after service that could be linked to the Veteran's active duty.

This decision denies service connection for numbness in the fingers, bilateral hearing loss disability, and tinnitus. Service connection is also denied for a low back disability. The claim for an increased rating for anxiety with sleep problems is denied due to failure of the Veteran to report for a scheduled VA examination.

The Veteran's service treatment records do not show any diagnosed low back, left knee, right knee, or bilateral hearing loss disabilities. The Veteran has not provided evidence of current diagnoses for these conditions.,Service connection is denied as there is no medical evidence linking the Veteran’s current low back, left knee, and right knee disabilities to his service.

The Board has granted service connection for a lumbar spine disorder, cervical spine disorder, and left knee disorder. The right knee total replacement and radiculopathy of the left upper extremity claims are remanded.