Back / lumbar spine decisions — 2018

The Board denied the Veteran's claim for service connection of a lumbar spine disability, concluding that it is not proximately due to or aggravated by his service-connected right hip disability and is not otherwise related to an in-service injury.

The Board has remanded the case for additional development due to incomplete information and need for a comprehensive examination of the Veteran's employment capacity given his service-connected disabilities.

The Board has remanded the case due to inadequate examination of the Veteran's low back disability, including failure to address flare-ups and range of motion testing. The claim will be returned for further development.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, as well as a rating in excess of 40 percent for his degenerative disc disease with intervertebral disc syndrome and chronic lumbar strain. The effective date for TDIU was established based on the Veteran's last day of work prior to retirement.

The Veteran's lumbosacral spine degenerative disc disease and intervertebral disc syndrome have been rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that the evidence does not support a higher rating as there was no ankylosis or incapacitating episodes.

The Board denied service connection for a lumbar spine disorder and a cervical spine disorder as there was no evidence linking the current conditions to service, including within one year of discharge.

The Veteran's TDIU claim for the period prior to April 13, 2011 is denied. The Board grants a TDIU from April 13, 2011 and finds that his service-connected disabilities preclude substantial gainful employment.

The Veteran's applications to reopen his claims of service connection for bilateral hearing loss, hypertension, a back disorder, and peripheral neuropathy (left and right upper extremity) have been dismissed as he has withdrawn these appeals.

The Board has determined that the Veteran's lumbar spine disability is etiologically related to service and grants service connection for this condition.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection and rating of his claimed conditions.

The Veteran's appeal for higher ratings and service connection was denied. The Board found no evidence of a chronic lumbar spine disability or respiratory problems due to asbestos exposure, high blood pressure, rheumatoid arthritis of the hip, or blood blockage on the left side of the neck that were incurred in service.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the current severity of his service-connected lumbar strain and sinusitis. The issues on appeal include claims for increased ratings for these conditions.

The Board found that the reduction in rating for mechanical low back pain from 20% to 10% was improper due to failure to apply proper procedural requirements. The claim of service connection for a left knee disability is reopened based on new and material evidence received since the October 2006 decision. With reasonable doubt resolved in favor of the Veteran, her left knee disability is found to be related to service.

The Veteran's appeal is being remanded due to incomplete service treatment records and the need for additional VA medical records. The claim will be reconsidered after these records are obtained.

The Board denied the appellant's claims for an increased rating for cervical spine DJD and DDD, a compensable rating for erectile dysfunction, and earlier effective dates for service connection of headaches and SMC based on loss of use of a creative organ.,The RO assigned an effective date of September 7, 2011 for the award of a 20 percent rating for cervical spine DJD and DDD. The appellant's claim for erectile dysfunction was granted with an effective date of October 24, 2011.

The Board has denied service connection for residuals of an injury to the right foot. The Veteran's left knee and lumbar spine disabilities are pending, as is his claim for a psychiatric disorder.

The Veteran's claims for service connection have been granted, with the exception of his right ankle and left ankle disabilities. The Board found that the Veteran has credible reports of continuous headaches since service, which are related to an in-service injury while playing softball. Service connection is also established for migraines (headaches), low back disability, cervical spine disability, and paresthesia of the right upper extremity.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected lumbar spine and bilateral knee disabilities.

The Board denied the Veteran's claims for service connection for a right ankle condition, right heel condition, low back condition, and right leg condition. The decision also noted that the Veteran withdrew his appeal regarding the right ankle condition prior to the promulgation of a decision.

The Board has determined that further development is needed to properly evaluate the Veteran's service-connected lumbar and cervical spine disabilities, including a new examination. The case will be returned to the AOJ for readjudication.