Back / lumbar spine decisions — 2018

The Board has dismissed the claims of service connection for low back disorder, left leg disorder, diabetes mellitus, and whether new and material evidence had been submitted to reopen claims of entitlement to service connection for a right knee disorder, TBI, and a right-hand disorder due to withdrawal by the Veteran's attorney.

The Veteran's claim for an evaluation in excess of 60 percent for degenerative disc disease of the lumbar spine is denied. The Veteran was granted a total rating based on unemployability due to service-connected disability (TDIU).

The Veteran's claim for increased ratings for fibromyalgia and chronic fatigue syndrome, as well as service connection for a low back disorder, is being remanded due to the need for additional information and examination.

The Board has remanded the Veteran's claims for increased rating for lumbar spine disability, service connection for obstructive sleep apnea (OSA), and TDIU due to service-connected disabilities. The issues will be reconsidered with new examinations and opinions addressing functional limitations.

The Veteran's claim for service connection for a right knee disorder has been granted. The Board has also remanded the issues of increased ratings for his left knee, lumbar spine disability, and instability/limitation of flexion of the left knee.

The Board has decided to remand the Veteran's claims for lung disability, low back strain with spondylosis and disc space narrowing, and adjustment disorder with depressed mood. The VA is required to schedule the Veteran for examinations to determine if his current lung disability is related to his military service, and to assess the severity of his spine and psychiatric disabilities.

The Board has remanded the Veteran's claims for additional development to determine if his back and right leg disabilities are related to service.

The Veteran's combined disability rating is at least as high as the threshold for TDIU, and he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities. The Board has granted TDIU effective June 15, 2017.

The Veteran's cervical DDD and left cervical radiculopathy are currently rated at 20% and 30%, respectively, since May 13, 2013. The Board has determined that these ratings do not adequately reflect the severity of his conditions during the appeal period.

The Board has remanded the Veteran's claims of service connection for a low back disability and an acquired psychiatric disorder due to insufficient evidence regarding the nature and etiology of these conditions. The Veteran is required to undergo VA examinations to determine if his current disabilities are related to his military service.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that his current low back condition is not related to his active service and that presumptive service connection does not apply.

The Board has remanded the Veteran's claims for bilateral hearing loss, left hip disability (secondary to service-connected disabilities), lumbar spine strain, and left ankle sprain due to additional development being required.

The Board has remanded the case for further development and an addendum opinion regarding whether the Veteran's sleep apnea is related to service, including considering his service treatment records and medical articles submitted by him.

The Veteran's thoracolumbar spine disability is granted as service-connected, while his cervical spine and headaches disabilities are denied. The vertigo issue remains unresolved.,Service connection for the Veteran’s cervical spine disability cannot be established due to lack of evidence linking it to service.

The Board has remanded the case for further development, including obtaining VA and private treatment records, providing VCAA notice, scheduling VA examinations, and readjudicating the claims on appeal.

The Veteran's tinnitus is granted as service-connected.,For the period prior to November 9, 2016, his sinusitis was not compensably rated. For the period after November 9, 2016, a 30 percent rating is granted for sinusitis.,The Veteran's right shoulder condition and related scar are remanded due to lack of STRs and need for an examination to determine etiology.,The Veteran's back condition is remanded as VA needs to provide an opinion on the likely etiology of his current diagnosed back disability, including consideration of in-service duties.,The Veteran's left knee and right knee disabilities are remanded due to inadequate VA examinations and need for addendum opinions.,The Veteran's flat feet are remanded because a VA examiner has not addressed whether preexisting flat feet were aggravated by service.,The Veteran's right ear hearing loss is remanded as the threshold for disability was not met in his previous examination. The issues of right ear hearing loss and left ear hearing loss are inextricably intertwined.,The Veteran's right hand middle finger laceration residuals are remanded due to potential missing records from hospitalization during service.,The Veteran's service-connected left ear hearing loss is remanded as the Veteran asserts an increase in severity since his last VA examination.

The Board denied service connection for a low back condition, right knee osteoarthritis (OA), bilateral hearing loss, migraine headaches, and depression. The Veteran's current disabilities were not shown to have been incurred during or aggravated by active duty service.,An effective date earlier than August 30, 2013, for the award of service connection for tinnitus was denied.

The Board has remanded the issues of increased rating for right knee disability, service connection for left knee disability, service connection for right hip disability, service connection for left hip disability, service connection for back disability, and service connection for neck disability due to insufficient medical evidence.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's periods of active duty for training and associated treatment records.

The Veteran's back disabilities, including degenerative arthritis and spondylolisthesis, are being remanded for further examination to determine if they were aggravated by service. The issue of bilateral sciatica is also being remanded as it is secondary to the Veteran's back disability.