Back / lumbar spine decisions — 2019

The Board has dismissed the Veteran's appeals regarding earlier effective dates for his service-connected psychiatric disability, radiculopathy of the bilateral legs, TBI, and lumbar spine disability. The claims were based on impermissible freestanding requests for earlier effective dates.

The Board has granted service connection for hearing loss and denied service connection for tinnitus and low back disability. Hearing loss is found to be related to in-service noise exposure, while the evidence does not support a finding that tinnitus or low back disability are related to service.

The Veteran's claim for an increased rating for migraines was granted effective February 2, 2017. The claim for Dependents' Educational Assistance (DEA) eligibility was also granted effective November 28, 2018.

The Board has dismissed all appeals related to schizophrenia, increased rating for degenerative disc disease of the cervical spine, earlier effective date for degenerative disc disease of the cervical spine, and TDIU as the Veteran withdrew his appeals.

The Board has denied the Veteran's claims for service connection for various foot, knee, and lumbar spine disabilities. The evidence does not establish a link between these conditions and his active military service.

The Board denied the Veteran's motion for revision of an August 2013 rating decision that reduced his lower back disability rating from 40% to 20%. The Board found no clear and unmistakable error in applying the law at the time.

The Board has decided to remand the claims for left knee strain, right knee strain, rhabdomyolysis of the right lower extremity as secondary to lumbosacral, lumbosacral strain, and rhabdomyolysis of the left lower extremity as secondary to lumbosacral due to a failure in developing the claim.

The Veteran's claims for increased ratings and service connection have been remanded due to failure to report for scheduled VA examinations. The cervical and thoracolumbar spine conditions are currently rated at 10 percent, but the evidence does not meet the criteria for a higher rating under the General Formula.

The Veteran's appeal is remanded for additional examination and opinion regarding the relationship between his service-connected back disability and his bilateral hip, knee, and neck disabilities. The claims for increased rating of lumbosacral strain are denied.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development.,Additional evidence is needed to determine if the Veteran was exposed to herbicide agents during his service in Vietnam. The claim for erectile dysfunction will also be remanded for a VA examination to determine its relationship to prostate cancer.,The claims for prostate cancer and erectile dysfunction are being remanded due to the need for additional development regarding exposure to herbicide agents and the etiology of the erectile dysfunction.,A sleep study is needed, along with an addendum opinion from a clinician to address whether the Veteran's obstructive sleep apnea is related to his service. The examiner should also determine if the Veteran’s conditions are manifestations of a single condition or separate disorders.,The right shoulder claim will be remanded for an addendum opinion regarding its relationship to complaints of arm numbness and pain in service.

The Board has granted service connection for low back disability and respiratory condition, finding that the Veteran's symptoms are related to his military service.

Service connection granted for low back disability, cervical spine/neck disability, migraine headaches, and left wrist disability.,The Veteran's current conditions are related to his service.

The Veteran's ankylosing spondylitis with lumbar spinal stenosis (also claimed as arthritis) has not been productive of unfavorable ankylosis of the entire spine or incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, and thus he is not entitled to a higher initial evaluation.

The Board has granted service connection for various knee, shoulder, cervical spine, and lumbar spine disorders. The Veteran's depressive disorder is also found to be related to his service-connected conditions.

The Board has remanded the claims for hypertension, PTSD, diabetes mellitus type II, bilateral lower extremity peripheral neuropathy, and a back condition due to potential service connection issues. The Veteran's exposure history is unclear, and further investigation into his alleged in-service herbicide exposure is needed.

The Board has dismissed all claims due to the lack of an adequate substantive appeal for each issue.

The Board denied the Veteran's claim of CUE in a May 30, 2001 rating decision that granted service connection for lumbosacral strain and degenerative disc disease with an effective date of February 22, 1999. The Board found no evidence of CUE.

The Veteran's combined disability rating reached 60% on September 3, 2014, allowing for a TDIU. His service-connected disabilities have rendered him unable to secure or follow substantially gainful employment.

The Veteran's appeal is remanded for additional examinations and opinions to determine the nature and etiology of his claimed conditions, including right shoulder dislocation, sinusitis, headaches, and lumbar strain.

The Board has decided the claim for an upper back disability is remanded due to incomplete STRs and lack of private treatment records. The Veteran should be afforded a VA examination to determine if his current condition is related to service.