Back / lumbar spine decisions — 2018

The Board has remanded the case for further development due to inadequate VA examination and need for additional evidence.

The Board denied a claim for an increased disability rating for the Veteran's service-connected chronic low back/middle back syndrome, finding that the evidence did not meet the criteria for a higher rating.

The Veteran's right shoulder strain developed in service and is now granted as service-connected.,Service connection for hypertension was granted effective July 2, 2013. The claimant has not provided evidence of a prior claim before this date.,Service connection for tinnitus was granted effective December 1, 2014. The claimant has not provided evidence of a prior claim before this date.,Service connection for low back disability, right lower extremity radiculopathy and left lower extremity radiculopathy was granted effective September 2, 2008. The claimant has not provided evidence of a prior claim before this date.

The Veteran's disability of the lumbar spine did not meet or approximate criteria for an evaluation in excess of 20 percent prior to September 12, 2011 and 40 percent from that date. The stomach condition (constipation) was not shown to be service-connected.,Service connection for a stomach disorder, claimed as constipation, is denied.

The Board has decided to remand the case for further development, including scheduling a VA examination and obtaining additional medical records.

The Board has granted service connection for a left shoulder disorder and awarded a temporary total rating based on convalescence following surgery. The Veteran's low back disability is rated at 10 percent, effective June 1, 2014.

The Board found that the Veteran's lumbosacral strain has not worsened since his last VA examination in 2013, and thus does not warrant a higher disability rating.

The Veteran's service connection claims for osteoarthritis, thoracolumbar spine and a left leg disorder including numbness as secondary to the back condition have been denied. His hearing loss claim remains pending.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination in regard to his back disorder. The claims of service connection for asbestosis, silicosis, and sinus disorders are also being remanded.

The Board has granted service connection for a low back condition, but the claims for erectile dysfunction and heart condition remain pending as they are not fully addressed in this decision.

The Veteran withdrew his appeals seeking to reopen claims for service connection for hypertension and a low back disability.

The Veteran's claims for service connection were denied across the board due to lack of evidence supporting his assertions or current diagnoses.

The Board found no evidence of a current disability related to service for the Veteran's claimed low back, right knee, left knee, right ankle, and left ankle disabilities. The preponderance of the evidence is against finding that any diagnosed conditions are related to active service.

The Board denied the Veteran's claims for service connection for low back disorder, neuropathy of left lower extremity, and neuropathy of right lower extremity. The Board found that there was no evidence to support a finding that these conditions are related to military service.,Regarding the acquired psychiatric condition claim (including PTSD and dysthymia), the Veteran's current mental health records do not show any diagnosis or treatment for such conditions, and the VA examiner could not provide an opinion without speculation.

The Veteran's tinnitus and lower back condition are related to his military service, warranting service connection for both conditions.

The Board has granted the appeal to restore the 20 percent rating for lumbar spine DDD from June 21, 2013. The case is now remanded to consider a claim for a rating in excess of 20 percent.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his thoracolumbar spine disability and whether he has a current right ankle disability. The issues of service connection for a right ankle disability and rating for the thoracolumbar spine disability are also on appeal.

The Veteran's claim for a compensable rating for residuals of fracture of the right little finger was denied. However, his claims for service connection for bilateral hallux valgus and bilateral pes planus were reopened.,The Veteran's lumbar spine disorder is found to be related to service.

The Board has denied the Veteran's claims for service connection for a back disorder and bilateral knee disorder, finding that there is no evidence of a nexus between these conditions and his military service.

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional development, including a new VA examination.