Back / lumbar spine decisions — 2018

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine did not begin during service and is not related to an in-service injury. The preponderance of evidence does not support a finding that his current condition is linked to his military service.

The Board has remanded the issues related to service connection for right knee and left foot disabilities, as well as increased ratings for recurrent lumbar strain, residuals of a left distal tibia fracture with left ankle degenerative joint disease (DJD), and residuals of a right heel fracture. The remand is due to the need for further development in terms of examinations and clarification of the current nature of these disabilities.

The Board has remanded the claims for increased ratings of chronic lumbosacral strain, cervical spondylosis, and residuals of Morton's neuroma, left foot due to incomplete records and need for further examination.

The Board has reopened the claims of service connection for low back and left hand disabilities due to new evidence, but these claims are still pending as they need further development.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the lumbar spine, right ankle disability, and depression are being remanded due to the need for additional development.

The Veteran's claims for initial compensable ratings for low back strain and left knee, status post-surgery are being remanded due to the need for additional examinations to comply with Correia v. McDonald requirements.

The Board has granted service connection for left ear hearing loss, but denied service connection for a low back disability.

The Veteran's claims for right hip, back, and right knee disabilities have been reopened due to new evidence. However, the issues of service connection for these conditions are still pending as they require further examination and review.

The Board has remanded the case due to inadequate examination reports and insufficient opinions regarding the relationship between the Veteran's low back disability and his service-connected cervical spine strain.

The Board has remanded several issues related to service connection for various disabilities, including low back disability, left knee disability, partial complex seizures, chronic joint pain, epiploic appendagitis, erectile dysfunction, high blood pressure, high cholesterol, hypervascular lesions of the liver, infertility, and prediabetes. The Veteran's claims are pending in appellate status.

The Board has remanded the issues of entitlement to service connection for low back disability, right knee disability, and rashes of the shoulder. The Veteran's claims are being reviewed again due to new evidence or clarification.

The Veteran's low back disability is rated at 40% since January 19, 2016. The issues of service connection for right jaw condition, right ankle condition, left piriformis syndrome, and cervical spine condition are remanded.

The Veteran's claim for higher ratings for his lumbar spine disability and radiculopathy of the lower extremities was denied. The rating for the lumbar spine disability remains at 40 percent, while the ratings for the right and left lower extremity radiculopathies were all denied.

The Board denied the Veteran's claims for service connection for right acromioclavicular joint degenerative changes, lumbar spine degenerative changes, and cervical spine degenerative changes with right upper extremity radiculopathy as there was no evidence of a nexus between his current conditions and service.

The Veteran requested to withdraw his appeals for the claims of service connection for an eye disability, bladder disability, loss of sense of smell, and loss of sense of taste. The Board dismissed these issues as a result.

The Board denied service connection for various conditions including joint disorder, shin splints, low back disorder, bilateral knee disorder, erectile dysfunction, skin disorder, and genital herpes. The reasons given were that there was no in-service event or injury leading to these disorders.

The Board has reopened the claim for service connection of a low back disability and granted service connection due to credible lay statements and medical evidence supporting a nexus between in-service injury and current condition.

The Veteran's claims for initial compensable and higher ratings for his lumbar spine disability, as well as for a cervical spine disability, are being remanded due to the need for additional examinations to assess the current severity of these conditions.

The Board has determined that the Veteran does not have a current diagnosis of tremors and has denied service connection for this condition. The issues of service connection for cervical spine stenosis, cervical radiculopathy of the bilateral upper extremities, an acquired psychiatric disorder other than depressive disorder (including PTSD and Adjustment Disorder), degenerative disc disease of the lumbar spine with bilateral radiculopathy, a disability rating in excess of 20 percent prior to April 28, 2010, and in excess of 40 percent thereafter for degenerative disc disease of the lumbar spine, a disability rating in excess of 20 percent for lumbar radiculopathy of the left leg, a disability rating in excess of 20 percent for lumbar radiculopathy of the right leg, and an initial disability rating in excess of 70 percent for depressive disorder are all remanded due to incomplete or unclear evidence.

The Board has found that the Veteran's tinnitus is related to his service, but other claims for service connection are remanded due to inadequate VA examinations and need for additional evidence.