Back / lumbar spine decisions — 2019

The Veteran's application to reopen the claim for service connection for keratosis was granted. The left ankle disability received a 20% rating effective November 28, 2018. The claims for increased evaluations of the left and right knee disabilities were denied. The lumbar spine stenosis claim was remanded.

The Veteran's GERD is granted with a 10% rating from October 6, 2010. The Board has remanded the claims for service connection of an eye disorder and for increased ratings for lumbar spine strain, left knee patellofemoral syndrome, and right knee patellofemoral syndrome.

The Board denied service connection for carotid artery stenosis, fecal incontinence, a left buttock scar, and bilateral upper extremity peripheral neuropathy as secondary to the Veteran's service-connected lumbar spine disorder.,No new evidence or changes in law were provided that could affect these decisions.

The Board has remanded the Veteran's claims for service connection for a left shoulder condition and a back condition due to insufficient evidence in the record.

The Board has granted a reopening of the claims for depression and intervertebral disc syndrome (claimed as back condition), but has remanded both issues due to insufficient rationale in the December 2015 VA examination.

The Board denied service connection for a chronic lumbar spine disorder because there was no evidence of a diagnosis in service or within one year after service, and the weight of the evidence is against a finding that the condition has existed continuously since service.

The Board denied service connection for a lumbar spine disability, finding that the condition is not related to service and was not manifest within one year of separation.

The Board denied an extension of a total convalescent rating beyond October 31, 2016, for low back surgery requiring convalescence due to the Veteran's continued use of assistive devices for ambulation prior to and after the surgery.

The Veteran's right lower extremity radiculopathy has been granted a 40 percent rating, effective from the date of this decision. The lumbar spine disability remains rated at 10 percent.

The Veteran's tinnitus is currently rated at the maximum allowable rating of 10 percent.,There is no evidence to support a finding that the Veteran has a current left shoulder disability or that any such disability began during service. The preponderance of the evidence is against this claim.,Similarly, there is no evidence to support a finding that the Veteran has a current right knee disability or that any such disability began during service. The preponderance of the evidence is against this claim.,The VA examiner found no objective evidence of a current thoracolumbar spine disability and concluded that any such disability was not related to service, including in-service lumbarization of the S1 vertebrae.,VA audiometric testing did not reveal left ear hearing loss for VA purposes. Right ear hearing loss was noted on both sets of audiometer findings but only during the first set.,Right ear hearing loss was noted on both sets of audiometer findings, with a significant difference in results between the two sets.

The Board has denied the Veteran's claims for service connection for lumbar spine arthritis, bilateral knee disability, sinusitis, and chronic allergic rhinitis as there is no evidence of a current disability or in-service incurrence.

The Board has granted service connection for a lumbar spine condition and remanded the issue of rating in excess of 20 percent for diabetes mellitus.

The Board has remanded the Veteran's claims for service connection for multiple joint pain and weakness, as claimed to be due to Gulf War Syndrome. The claims are being returned for further clarification of the etiology of these conditions.

The Board denied service connection for neck and back disorders, finding that the preponderance of evidence did not support a secondary service connection claim based on the Veteran's right knee disability.

The Board has remanded the claims for lumbar and cervical spine disabilities due to new evidence received since the October 2014 Statement of the Case, including the Veteran's testimony about in-service injuries. The claims will be reviewed again with consideration of this additional evidence.

The Veteran's claim for an earlier effective date for service connection of degenerative arthritis of the lumbar spine was denied as there is no evidence that he filed a formal or informal claim prior to July 19, 2007.

The Board has decided to remand the Veteran's claims for back, right knee, and left knee disabilities due to incomplete service treatment records and need for updated medical evidence.

The Veteran's claims for a compensable rating for her lumbosacral strain with degenerative arthritis and service connection for an upper back disability or cervical spine disability, to include as secondary to the service-connected lumbosacral strain with degenerative arthritis, are being remanded due to inadequate examinations and development needs.

The Board has granted service connection for tinnitus, low back disorder (lumbar degenerative disc disease), and neck disorder (cervical strain) as these conditions are considered to be directly related to the Veteran's active military service.

The Veteran's claim for a higher evaluation for degenerative disc disease of the lumbar spine prior to January 22, 2016 is being remanded due to the need for a retrospective medical opinion.