Back / lumbar spine decisions — 2019

The Veteran's appeals for service connection for diabetes mellitus, weight gain, and chronic lumbosacral pain have been dismissed.,New and material evidence has been received to reopen the previously denied claim of entitlement to service connection for a traumatic brain injury (TBI).

The Veteran's claims for service connection for patellofemoral syndrome, right knee; upper and lower back disability; hearing loss in the right ear; and tinnitus are all granted. The claim for service connection for hearing loss in the left ear is remanded due to inadequate examination.

The Veteran's claims for service connection for acquired psychiatric disorders (including PTSD, major depressive disorder with symptoms of anxiety and insomnia, bipolar disorder, ADHD), back disorders (including arthritis), left knee disorders (including arthritis), right knee disorders (including arthritis), migraines, and tinnitus have all been denied as new and material evidence has not been received to reopen the claims.

The Veteran's left ankle disability is currently rated at 20 percent, the maximum schedular rating available under Diagnostic Code 5271 for marked limitation of motion. The Veteran does not have a current diagnosis of any other claimed conditions.,Service connection has been granted for an acquired psychiatric disorder (including major depressive disorder, generalized anxiety disorder with panic attacks, and alcohol use disorder), sleep apnea, low back disorder, left hip disorder, right hip disorder, left knee disorder, and left lower extremity radiculopathy. Service connection was denied for the remaining conditions.

The Veteran's most recent VA examination on October 28, 2019 showed forward flexion of the lumbar spine at 30 degrees. The examiner noted no additional loss in range of motion due to pain or other factors. As a result, the current rating does not meet the criteria for a higher rating.

The Board denied service connection for low back and cervical spine conditions, as well as headaches and radiculopathies of the extremities, all secondary to service-connected pes planus. The claims were reopened due to new evidence provided since the last denial.

The Board has remanded the case for a new VA examination to determine if the Veteran's back disability is related to his military service. The left elbow disability claim was denied as there is insufficient evidence linking it to service.

The Veteran's claims for service connection for bilateral flatfeet, bilateral ankle disability, tinnitus, perforation of the right ear drum, diabetes mellitus, hypertension, and headaches have been granted. The claim for service connection for lumbar spondylosis (residuals, low back strain) has also been granted.

The Board has determined that the Veteran's degenerative changes of thoracolumbar spine, including degenerative arthritis and intervertebral disc syndrome, are causally related to her active service. The evidence is at least in equipoise as to whether these conditions began during service or are related to an injury sustained during service.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's urinary incontinence is related to his service-connected back disability. The AOJ will obtain additional medical records and schedule a VA examination for an opinion on this issue.

The Veteran's claim for service connection for PTSD, bilateral hearing loss disability, and tinnitus was granted. Claims for fibromyalgia, CFS, respiratory disorder, gastrointestinal disorder, skin disorder, lumbosacral strain, and TBI were denied or remanded.

The Veteran's diabetes mellitus, bilateral hearing loss, tinnitus, cervical spine disability, back disability, erectile dysfunction, prostate disability, bilateral ankle and knee disabilities, shoulder and hip disabilities, right upper and lower extremity peripheral neuropathies, anxiety, depression, and PTSD were not shown as chronic in service or related to a service-connected disability. The Board found the Veteran's statements regarding these conditions being related to his military service to be speculative.,The Veteran's hearing loss and tinnitus were first diagnosed 30 years after separation from service and are not considered to be related to service.

The Board has denied the Veteran's claims for service connection for low back and neck disabilities, as well as his claim for TDIU due to a lack of evidence showing that these conditions are related to service or any service-connected disability.

The Veteran's service-connected disabilities did not render him unemployable prior to July 13, 2015.

The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 were denied as new and material evidence was not received to reopen the back disability claim, and there is no nexus between any current skin or kidney disabilities and service.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's lower back disability, including his service connection claim. The VA will need to obtain updated treatment records and verify the Veteran’s periods of active duty for training (ACDUTRA), inactive duty training (IDT), or active duty for special work.

The Board has determined that additional development is necessary prior to the adjudication of the Veteran’s claim of entitlement to service connection for a lower and middle back disability. The matter is REMANDED for further action.

The Board has granted service connection for degenerative joint disease of the lumbar spine, finding that it is at least as likely as not related to active service. The Veteran's claim was reopened due to new and material evidence submitted since the last final denial.

The Board has remanded the case due to insufficient medical opinions and additional records are needed. The Veteran's current low back disability is being reviewed for possible service connection.