Back / lumbar spine decisions — 2018

The Board denied the Veteran's claim for an effective date prior to January 29, 2010 for the grant of service connection for lumbar disc disease with mechanical low back pain.

The Veteran's service connection claims for various disabilities, including a psychiatric disorder, have been granted.

The Veteran's claims for effective dates earlier than August 18, 2004, for the grants of service connection for lumbar spine degenerative joint disease, left lower extremity radiculopathy associated with the lumbar spine degenerative joint disease, and bilateral hearing loss have been denied as there is no evidence that he filed a timely substantive appeal with the October 1968 rating decision.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and possibly new VA examinations to assess the current severity of his service-connected conditions.

The Veteran is seeking service connection for degenerative disc disease of the lumbar spine, which he claims was caused by his service-connected right ankle sprain. The Board has determined that additional development is needed to determine if there are any missing records from his periods of active duty for training and inactive duty for training.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his active duty medical records and service personnel file. The TDIU claim is also being remanded as it depends on the outcome of these other claims.

The Veteran's claims for bilateral knee and lumbar spine disabilities were previously denied, but not reopened. The cervical spine disability claim was denied.,The Veteran's hearing loss is currently rated at 10% prior to July 15, 2015, and 10% thereafter. Tinnitus is assigned a 10% rating.,PTSD is rated at 30% since July 21, 2015. Ischemic heart disease remains rated at 30%. The Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Veteran's claims for increased disability ratings for his service-connected lumbar sprain and degenerative joint disease of the left hip are being remanded due to inadequate VA examinations. New evaluations will be scheduled to accurately assess the current severity of these conditions.

The Veteran's appeal is being remanded for additional development, including new VA examinations and a supplemental statement of the case.

The Veteran's appeal was denied for service connection for a back disability, an initial compensable rating for bilateral hearing loss, and an increased rating for right shoulder osteoarthritis. The issue of entitlement to TDIU prior to June 13, 2011 remains on appeal.

The Veteran's appeals for service connection for prostate condition, right ankle disability, and acquired psychiatric disorder (including PTSD) have been withdrawn. The Board has determined that the Veteran's acquired psychiatric disorder is due to his own willful misconduct.

The Board has determined that the Veteran's back, cervical spine, and bilateral shoulder disabilities are secondary to his service-connected bilateral foot disability.

The Board denied the Veteran's claim of reopening his service connection for a back disability and found that new evidence did not relate to the reason it was previously denied. The psychiatric disability claim is also remanded.

The Board has determined that the Veteran did not have service in Vietnam or any other overseas location where he could have been exposed to herbicides. Therefore, his claims for diabetes mellitus, coronary artery disease, hypertension, an acquired psychiatric disability, a right knee disability, a left knee disability, a lumbar spine disability, a right hip disability, a left hip disability, a disability manifested by right leg pain and swelling, a disability manifested by left leg pain and swelling, and chronic kidney disease cannot be granted on the basis of presumptive exposure to herbicides. The Board also found no direct service connection for these conditions.

The Veteran's lumbar spine disability is not considered to be the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault as a result of VA hospital treatment. Therefore, his claim for compensation under 38 U.S.C. § 1151 has been denied.

The Board has determined that the Veteran's lumbar radiculopathy is not service-connected, and even if it were, it would be secondary to his service-connected back disability. The claim for service connection is therefore denied.

The Veteran's left knee, lumbar spine, and cervical spine disabilities are found to be secondary to his service-connected pes planus.,An initial disability rating of 20 percent for bilateral pes planus is granted effective October 2, 2012.

The Veteran is unable to secure and follow a substantially gainful occupation due to her service-connected disabilities, specifically migraine headaches and thoracolumbar sprain.

The Veteran's lumbar spine disability was rated as 40% disabling, effective June 13, 2014. The Veteran's radiculopathy of the right lower extremity was granted a 20% rating effective June 8, 2016. No other claims were resolved in favor of the Veteran.