Back / lumbar spine decisions — 2018

The Veteran's claim for a higher disability rating for his lumbar spine disability was denied. The RO granted him a 20% evaluation effective November 15, 2017 for neurological disabilities of the lower extremities.

The Veteran's cervical strain was granted a higher rating of 20 percent prior to June 11, 2012.,The Veteran's cervical strain was granted a higher rating of 30 percent since June 11, 2012.

The Board has dismissed the appeals of service connection claims for lumbar L4-L5 disc degeneration and an acquired psychiatric disorder due to the Veteran's death.

The Board reinstated the Veteran's original 40% disability rating for lumbosacral strain and denied a higher rating, finding that the reduction from 40% to 10% was improper due to lack of improvement under ordinary conditions of life. The claim for an increased rating remains pending.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's claimed back disability and psychiatric disorders. The claims will be further developed by obtaining additional Reserve duty records, conducting a VA examination to determine the nature of any current disabilities, and examining the etiology of any diagnosed conditions.

The appeal seeking to reopen a claim of service connection for a right knee condition is granted. Entitlement to an increased rating for the fracture of left third and fourth fingers is also granted. The effective date for the grant of service connection for a chronic back disability is denied.

The Board has remanded the claims for service connection for various conditions due to insufficient evidence and need for further examination.

The Board has remanded the cases due to inadequate VA examinations and the need for additional medical opinions regarding the severity of the Veteran's service-connected disabilities.

The Board has denied service connection for gout and essential tremor, finding that the evidence does not support a link to service.,Service connection is remanded for left shoulder condition, cervical spine condition, back condition, gall bladder condition, diverticulitis, and GERD.

The Board dismissed all appeals related to prostate cancer, right index finger deformity with ankylosis prior to February 23, 2015, painful scar residual of a chin laceration, disfiguring scar residuals of a chin laceration, radiculopathy of the left lower extremity, radiculopathy of the right lower extremity, and degenerative disc disease and spondylosis of the lumbar spine. The Veteran's combined rating for these service-connected disabilities is 80 percent.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the Veteran did not meet the criteria for an increased rating in excess of 20 percent for cervical spine DDD and DJD, lumbar spine DDD status post fusion, or headache syndrome with migraine features. The issues regarding radiculopathy, special monthly compensation based on housebound criteria, and TDIU have been remanded.

The Board denied service connection for a back disability, finding clear and unmistakable evidence that the Veteran's preexisting back disorder was not aggravated by his active military service.

The Veteran's claim for service connection has been reopened, but the claims for various conditions remain pending as new evidence was submitted. The Board finds that further development is needed to determine if these conditions are related to service.

The Veteran's thoracolumbar strain was not rated higher than 20 percent prior to October 16, 2017 and higher than 40 percent thereafter.,The Veteran's left knee strain did not warrant a compensable rating prior to October 16, 2017. From October 16, 2017, he was granted ratings of 10 percent for instability and painful, limited motion.,Bilateral hearing loss has not warranted any compensation at any point during the appeal period.

The Board dismissed the appeal for service connection of hearing loss due to the Veteran's withdrawal. The cervical and thoracolumbar spine conditions are remanded for further review.

The Board has determined that new and material evidence has been received to reopen the claim for service connection of low back pain. The Veteran's low back condition is being remanded for further examination and opinion regarding its etiology.

The Board denied the Veteran's claims for service connection for a right knee disorder, increased ratings for lumbar spondylosis and associated radiculopathy, an effective date earlier than September 14, 2010 for TDIU due to service-connected disabilities, and initial compensable ratings for bilateral hearing loss. The Veteran's claims for tinnitus and pseudofolliculitis barbae were also denied.

The Board denied the Veteran's application to reopen his claim for service connection of a back condition, finding that there was no new and material evidence presented.

The Veteran's tinnitus was granted service connection as it arose during active service. The appeal for a rating in excess of 10 percent for cervical spine degenerative disc disease is dismissed.,Issues related to TBI residuals and bilateral vision disability, sleep disorder (obstructive sleep apnea), left upper extremity radiculopathy, left lower extremity radiculopathy, and increased ratings for depressive disorder and PTSD are remanded.

The Veteran's back disability and foot disability are not service-connected as there is no evidence of a current disability related to active service.,PTSD and personality disorder claims were denied due to lack of credible supporting evidence that the claimed stressors occurred.