Back / lumbar spine decisions — 2018

The Board has determined that the Veteran's current low back disorder, diagnosed as degenerative disc disease and degenerative joint disease of the thoracolumbar spine, had its initial onset during service or is otherwise related to service. Service connection for this condition is granted.

The Veteran's service connection claims for a right wrist disorder, back disorder, neck disorder, left knee strain, and right knee disorder are all denied as there is no evidence of current disabilities or a link to service.,Service connection for tinnitus has been granted. The Veteran reported an onset during active duty and the VA examiner opined that excessive noise exposure may have been a precursor to tinnitus at that time.

The Veteran's right shoulder arthropathy is denied as there is no evidence of a chronic condition during service or related to an in-service injury.,Service connection for the low back condition, diagnosed as degenerative lumbosacral spine disease with congenital spinal stenosis, is also denied due to lack of a nexus between the current diagnosis and service.

The Veteran's service connection claims for lumbar spondylosis, bilateral hearing loss, high cholesterol, heart condition (to include as secondary to obstructive sleep apnea), migraines, and an acquired psychiatric condition have all been denied.,Service connection was not granted because the evidence did not support a finding that any of these conditions were incurred or aggravated by service.

The Veteran's initial rating for degenerative disc disease of the cervical spine has been granted at a 20 percent level. The Veteran's peptic ulcer disease remains rated as non-compensable.

The Veteran's claims for a higher rating for degenerative disc disease and service connection for an acquired psychiatric disorder were denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less, which is required for a higher rating.

The Board has remanded the claims for service connection due to a lack of relevant Social Security Administration records, which may be pertinent to both low back disability and nerve pain in both legs.

The Board denied the Veteran's claims for service connection for back disability, bilateral hip disability secondary to a back disability, bilateral knee disability, and TBI claimed as a cerebral concussion. The Board found that there was no evidence linking these conditions to his military service.

The Veteran's claim of service connection for a lumbar spine disability is remanded due to insufficient nexus opinion. His claims for increased ratings for left foot metatarsalgia and plantar fasciitis are granted with an initial rating of 20 percent.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the relationship between his spinal and foot disabilities and his service-connected conditions. The VA must obtain additional opinions addressing causation and aggravation.

The Veteran's claim for a higher rating for her chronic lumbar strain is being remanded due to the need for additional evidence and testing.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Board has granted service connection for low back disability, depressive disorder, and obstructive sleep apnea as secondary to the Veteran's service-connected comminuted left tibia fracture with shortened left leg. The Veteran is not entitled to a higher rating for his tinnitus.

The Board denied the Veteran's claim for service connection for a low back disability, finding that her current diagnoses were not related to her in-service injury and did not meet the criteria for secondary service connection.

The Board has remanded the Veteran's claims for service connection for a cervical spine disability, thoracic spine disability, lumbar spine disability, left shoulder disability, and radiculopathy of the lower extremities due to conflicting medical opinions and inadequate examination reports. The Veteran is also being considered for TDIU.

The appeal for soft tissue sarcoma is dismissed. Lumbar disc herniation service connection is granted. Hypertension and liver condition secondary to diabetes mellitus, type II are remanded. Bilateral hearing loss rating is also remanded.

The Veteran's service-connected disabilities did not preclude him from securing and following substantially gainful employment prior to November 23, 2011. The Board denied the claim for an effective date prior to this date.

The Board has decided to remand several issues, including the rating for the Veteran's lumbar spine disability and service connection for an acquired psychiatric disorder (including PTSD and depression), left hip disability, and TDIU. The decision also requires a new VA examination for each of these conditions.

The Veteran's claims for higher ratings for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity were denied. The Veteran's degenerative disc disease was rated at 10 percent prior to September 24, 2015, and at 40 percent from September 4, 2015.

The Board has determined that the Veteran's back and neck disabilities are not related to his active military service, and therefore, denied both claims.