Back / lumbar spine decisions — 2019

The Veteran's appeal for service connection of hearing loss, left shoulder disability, and low back disability has been dismissed. The claims for reopening of these previously denied conditions have been granted. However, the claim for increased rating of right shoulder arthritis remains pending.

The Veteran's service-connected cerebrovascular accident (stroke) and its residuals have been granted. The Veteran's lumbar disc disease, left shoulder disability, left leg patellofemoral syndrome, and leg length discrepancy / shortening of the left leg are also found to be related to his service-connected cerebrovascular accident.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's back condition. The Veteran needs a VA examination to determine if his current back conditions are related to service.

The Veteran's claims for service connection for lumbar strain and right knee strain are denied as there is no legal authority to grant an effective date prior to April 13, 2016.

The Board has granted an effective date of December 1, 1987 for the grant of service connection for a low back disability. This is based on newly received service treatment and personnel records that were not previously part of the claims file at the time of the previous denial in September 1989.

The Board has denied the Veteran's claims for service connection for low back and right knee conditions due to lack of new and relevant evidence submitted after the final March 2013 denial.

The Veteran's claim for an earlier effective date for chronic lumbosacral strain was denied as there were no documents between the final Board decision and June 2, 1997 that could be construed as a formal or informal claim to reopen.,The Veteran's claim for an earlier effective date for PTSD total disability evaluation was denied because the increase in severity did not occur within one year prior to July 25, 2018.

The Board has dismissed the appeals for a temporary evaluation of 100 percent based on surgical or other treatment necessitating convalescence and special monthly compensation based on housebound criteria, as well as service connection for left knee osteoarthritis with meniscal tear. The Veteran's appeal is not properly before the Board at this time.

The Board has determined that new and relevant evidence has been submitted to support the Veteran's claims for service connection of lumbar spine disorder, cervical spine disorder, PTSD, bronchial asthma, COPD, bilateral sciatica, and erectile dysfunction. The claims are being remanded due to outstanding VA and private treatment records not having been obtained.

The Board denied the Veteran's claim for service connection for lumbosacral strain, to include degenerative arthritis with spondylolisthesis, finding that there was no evidence of a direct link between his current condition and his active military service.

The Board has determined that additional development is required for the Veteran's claims regarding his service-connected lumbar and cervical spine disabilities, as there are inconsistencies in the examinations conducted prior to this decision.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his lower back disability and any associated radiculopathy.

The Veteran's service connection claims for hearing loss, degenerative disc disease of the cervical spine, right toe fracture and sesamoiditis, and irritable bowel syndrome have been granted. The issue of entitlement to total disability based on individual unemployability (TDIU) is also remanded.

The Veteran's back disability is rated at a non-compensable level prior to February 18, 2019 and at a 10 percent level as of that date. The Board has determined that the evidence does not support an increase in rating beyond these levels.

The Board has remanded the cases for further development and examination. The Veteran's hemorrhoids are granted as secondary to service-connected IBS, but other issues remain pending.

The Board has remanded the claims of service connection for a back disability, burst left ear drum, and diabetes mellitus, type II due to incomplete records and need for additional examinations.

The Veteran's claim for service connection has been reopened, but the case is remanded due to the need for additional development and an examination.

The Board has granted service connection for bilateral hearing loss. The cases of low back disability and sleep apnea are remanded due to the need for additional medical examination.

The Veteran's lower back disability was granted a TDIU rating of 40 percent effective from December 1, 2017. The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has granted service connection for bilateral hearing loss and tinnitus, but has remanded the issues of service connection for a low back condition, right foot/ankle condition, left foot/ankle condition, and chest/heart condition.