Back / lumbar spine decisions — 2018

The Board denied service connection for left ear hearing loss, but granted service connection for tinnitus. The remaining issues of low back strain, vertigo, and chronic sinus disability are remanded.,Service connection is being remanded for the Veteran's claimed conditions as they may be related to her military service.

The Veteran's PTSD is currently rated at 70 percent, and the Board finds that it does not meet the criteria for a higher rating.,The Veteran's TBI residuals are currently rated at 10 percent, and the Board finds that they do not meet the criteria for a higher rating.,The Veteran's degenerative arthritis of the thoracolumbar spine with levoscoliosis and strain is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board dismissed the claims for chronic kidney disease, hyperlipidemia, and other conditions due to withdrawal by the appellant.

The Board denied service connection for degenerative arthritis in multiple joints (excluding the low back), an eye disability, sinusitis, bronchitis, kidney disease, erectile dysfunction, and skin disability. The decision also dismissed appeals for residuals of malaria and skin cancer.

The claim for service connection for degenerative joint disease of the lumbar spine is dismissed. The Veteran's cervical spine disability and kidney disability are granted as secondary to his service-connected low back disability.

Entitlement to an earlier effective date of December 30, 2010 for the award of a 40 percent rating for degenerative disc disease of the lumbar spine is granted.,For the increased ratings of 30 percent for cervical spine disability and 20 percent for right ulnar neuropathy, entitlement to an earlier effective date than February 15, 2011 is denied.

The Veteran's lumbar spine disability is rated at a 40 percent rating since April 29, 2015.,The Veteran's bilateral lower extremity radiculopathy is rated at a 40 percent rating since April 29, 2015.

The Board denied service connection for lumbar spine disability, right hip fracture, and left hip fracture as the evidence did not show a link between these conditions and active service.

The Board denied service connection for low back, left knee, and right knee disorders due to lack of current diagnoses. The claims are remanded as the Veteran's TBI and headache disorder need further evaluation.

The Veteran is seeking service connection for bilateral plantar fasciitis, which he claims is related to his service-connected degenerative arthritis of the lumbar spine with herniated disc, L4-5. The issue has been remanded due to the need for further development.

The Board has remanded the cases for further development and consideration. The Veteran's left knee disability, lumbar spine disability, and gastroesophageal reflux disease (GERD) claims are being reviewed.

The Veteran's claim for a 10 percent rating for degenerative disc and arthritis disease from February 2012 to June 2015 is granted.

The Veteran's current diagnoses of bilateral hearing loss, tinnitus, and low back disorder are granted as direct service connection. The low back disorder is not found to be secondary to his service-connected bilateral knee disabilities.

The Veteran withdrew their appeals for higher disability ratings in multiple conditions, including lumbar and cervical spine disabilities, obstructive sleep apnea, migraine headaches, and posttraumatic stress disorder with alcohol use disorder. As a result, the appeals are dismissed.

The Veteran's lumbar strain/sprain and degenerative disc disease are found to be related to his military service, with all reasonable doubt resolved in favor of the claim. The Board granted service connection for these conditions.

The Veteran's degenerative disc disease of the lumbar spine has been rated at 10 percent since October 2012. The Board found that his condition does not warrant a higher rating based on functional loss or incapacitating episodes.

The Board has remanded the cases for additional development due to new evidence and a need for updated VA examinations.

The Veteran's lumbar spine disability is rated at 40 percent disabling from August 29, 2014. His right lower extremity radiculopathy is rated at 20 percent disabling beginning January 20, 2017.

The Board has remanded several issues related to service connection for various conditions, including PTSD, left shoulder disability, left knee disability, low back disability, and sarcoidosis of the right lower lip. The Veteran's claims are being reviewed due to insufficient evidence regarding his claimed stressors for PTSD, lack of VA examinations for other disabilities, and need for additional development related to exposure to asbestos.

The Board has denied the Veteran's claims for service connection of right and left knee disabilities, as well as his back disability, all secondary to a service-connected bilateral ankle disorder.,There is no direct evidence linking these conditions to service. The VA examiners have opined that the current diagnoses are more likely due to age and obesity.