Back / lumbar spine decisions — 2018

The Board has determined that the Veteran's low back disorder is related to his service and grants service connection for degenerative disc disease of the lumbar spine.

The Veteran's claims for diabetes mellitus, heart disease, urinary disorder, and back disorder were denied as there was no evidence of in-service injury or event, continuous service, or a nexus to service.,Service connection could not be established due to lack of exposure to herbicides during service.

The Board has determined that the Veteran's current low back disability is related to a fall during service, and thus grants service connection for this condition.

The Veteran's claims for service connection were denied due to lack of evidence related to the unestablished facts necessary to substantiate the claims. The claim for pseudofolliculitis barbae was reopened, but not granted as new and material evidence did not raise a reasonable possibility of substantiating the claim.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his lumbar spine disability and for TDIU due to inadequate VA examinations. A new examination is needed, and the issue of TDIU may be impacted by the outcome of the lumbar spine claim.

The Board denied service connection for multiple conditions, including low back disability, bilateral foot disability, lung disability, headache disability, LADD, erectile dysfunction, peripheral neuropathy of the upper and lower extremities, diabetes mellitus, enlarged prostate condition, acquired psychiatric disorder (including depression and anxiety), obstructive sleep apnea, and hypertension.

The Veteran's lumbar spine disability is being remanded for a new VA examination to assess the severity of his condition, including range of motion testing and flare-ups. Outstanding medical records must also be obtained.

The Board denied the Veteran's claims of service connection for a left knee disability and a lumbar spine disability, finding no evidence to support these claims.

The Veteran's appeals for increased disability ratings prior to September 27, 2002 have been dismissed due to his withdrawal of the appeal.

The Veteran's bowel incontinence is granted a 30 percent rating effective November 16, 2018. The lumbar spine and bilateral lower extremity radiculopathy disabilities are denied increased ratings prior to June 15, 2017.

The Veteran's appeals for service connection and increased ratings were dismissed. The Board also remanded several issues related to effective dates.

The Board denied the Veteran's claim for service connection for a cervical spine disability, including arthritis and degenerative disc disease, finding that there was no credible evidence of an in-service injury or chronic condition following service.

The Veteran's claim for diabetes mellitus was withdrawn during the October 2017 Board hearing. The claims of service connection for an acquired psychiatric condition and a respiratory condition (claimed as asthma) have been reopened due to new and material evidence.,The remaining issues, including lumbar spine, bilateral knee, bilateral foot, sleep disorder, and acquired psychiatric disorders, are remanded for further development.

The Board found that the Veteran's current low back disability did not manifest during service and is not related to his in-service injury, thus denying service connection.

The Veteran's service-connected major depressive disorder and lumbar spine disability render him unable to engage in substantially gainful employment, leading to a total disability rating based on individual unemployability (TDIU) effective March 28, 2016.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied as the evidence did not establish a link to active service.,The Veteran's claim for service connection for right knee disability was denied because there is no evidence that his current condition began during or is related to his military service. ,The Veteran's claim for service connection for back disability was granted, with the Board finding that it is at least as likely as not related to an injury sustained in active service.

The Board has determined that further assistance is needed to determine if the Veteran's obstructive sleep apnea and lumbosacral strain are related, as well as to assess the severity of his lumbosacral strain.

The Board denied service connection for lumbar spine, left hip, left knee, and right knee disorders as they are not causally or etiologically related to service.

The claim to reopen the service connection for sleep apnea is denied. The appeal for service connection of low back strain is remanded.

The Veteran's claim for service connection for a left knee disability is denied as there is no evidence of disease or injury in service.,The Veteran's low back disability does not meet the criteria for an increased rating higher than 60 percent, and his PTSD warrants a 70% initial disability rating but no higher.,The Veteran has been granted TDIU based on his service-connected disabilities.