Back / lumbar spine decisions — 2018

The Board has determined that the Veteran's cervical spine disorder and lumbar spine disorder are not service-connected. The claims for chronic bronchitis and COPD have also been denied.

The Board has determined that the Veteran's sleep apnea, cervical spine disability, and low back disability are not related to service. The claims for these conditions have been denied.

The Board denied claims for earlier effective dates for the service connection of left hip, right hip, and lumbar spine disabilities. The Veteran's claim was dismissed as a freestanding claim for an earlier effective date is not proper.

The Board found that the Veteran's current back disability is not related to service or his service-connected leg length discrepancy, and thus denied both claims for service connection.

The Board has granted service connection for left shoulder disorder, back disorder, neck disorder, and left lower extremity radiculopathy. The conditions are related to a motor vehicle accident the Veteran sustained during his active duty.

The Board has decided to remand the case due to a lack of medical evidence on whether the Veteran's low back disability is related to his service. The VA must obtain an examination and provide a medical opinion.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and new evidence. The issues include fibromyalgia, degenerative disc disease of the lumbar spine, degenerative disc disease of the cervical spine, Chronic Fatigue Syndrome (CFS), gastroesophageal reflux disease (GERD), and a headache disorder.

The Veteran's claim for an increased rating for his lumbar spine disability is remanded due to the need for a Supplemental Statement of the Case and obtaining SSA records. The unemployment issue was previously adjudicated.

The Veteran's right lower extremity radiculopathy is rated at a 60 percent disability rating, effective from the date of this decision. The issue of entitlement to TDIU has been remanded for further development.

The claim of service connection for obstructive sleep apnea has been reopened, but the appeal is remanded due to insufficient medical evidence. The Veteran's lumbar microdiskectomy case is also remanded.

The Veteran's claim for service connection for a back condition and migraines, including as secondary to her service-connected PTSD with MDD, is granted. The claims are remanded for additional clarification of the relationship between the Veteran's conditions and her service-connected disabilities.

The Board has decided to remand the case for additional development regarding the Veteran's bilateral knee disability. The low back disability claim is referred to the AOJ as it was raised but not adjudicated.

The Veteran's bilateral hearing loss is granted as service-connected.,PTSD remains at a 70 percent rating, with no increase in rating sought or warranted.,Low back disability receives a 10 percent rating.

The Veteran's low back disability has not been found to warrant a rating in excess of the current 40 percent due to lack of unfavorable ankylosis or incapacitating episodes requiring bed rest.

The Board has denied the Veteran's claim for service connection for a back disability. The claims of entitlement to initial ratings in excess of 70 percent for MDD with alcohol abuse, and in excess of 50 percent for obstructive sleep apnea with reactive airway disease are remanded. The claims of entitlement to an initial compensable rating for chronic tonsillitis, service connection for a left knee disability, service connection for a right shoulder disability, and service connection for a cardiac disorder are also remanded.

All issues are remanded for further development and examination. The Veteran's hypertension is being examined to determine if it is related to his service-connected psychiatric disability. His erectile dysfunction claim will be addressed as well.,The Veteran’s sleep apnea may need a more specialized examiner due to its complexity, and the relationship between his PTSD and sleep apnea needs clarification.

The Veteran's claim for increased ratings in excess of 10 percent prior to August 28, 2017 and in excess of 20 percent thereafter for lumbar spine degenerative disc disease is denied as the evidence does not show that her disability worsened to a level warranting higher ratings.

The Board has remanded the case due to inadequate medical opinions and the need for a new examination. The Veteran's back disability may be related to service, but whether it is aggravated by his left knee disability will also be evaluated.

The Board found clear and unmistakable error in the March 2009 rating decision that terminated TDIU benefits due to fraud, as the RO did not properly apply the provisions of 38 C.F.R. § 3.343(c) regarding actual employability.

The Board denied the Veteran's claims of service connection for lower back disorder, left eye disorder, genitourinary disorder, and sinus disorder due to lack of current disability and insufficient evidence linking these conditions to service.