Back / lumbar spine decisions — 2019

The Veteran's lumbar DDD with IVDS resulted in forward flexion of the thoracolumbar spine to 30 degrees or less from May 25, 2016 to April 11, 2019. A rating in excess of 40 percent for this period is denied.

The Board denied an earlier effective date for the Veteran's TDIU rating, finding no evidence of a formal or informal claim prior to June 26, 2013. The decision also noted that the Veteran did not raise a claim for TDIU based on his service-connected bilateral hearing loss, tinnitus, and bilateral foot disorder.

The Board has decided to remand the Veteran's claim for additional development due to inadequate opinion in the VA examination report.

The Board has remanded the Veteran's claims for service connection due to incomplete development and notification issues. The case will be returned for further action, including obtaining updated medical records and scheduling VA examinations.

The Board has remanded three issues: service connection for a lower back disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity. The issues are inextricably intertwined with the issue of service connection for a lower back disability.

The Board has dismissed the appeal for PTSD. The remaining issues of service connection for hypertension, cervical spine disability, lumbar spine disability, chronic sinusitis, and acne are remanded.

The Veteran's appeal for service connection of a bladder disorder was granted. The appeals for lumbar spine, bilateral eye, kidney disease, liver disorder, and sleep apnea were denied.

The Veteran's initial claim for a higher disability evaluation for low back strain and radiculopathy of the right lower extremity was denied. The Board found that the evidence did not support an increased rating beyond 20 percent for both conditions.

The Board has determined that the Veteran's low back condition, which includes degenerative spinal condition and low back disability, is service-connected as it had its onset during his military service.

The Board has dismissed the appeal as all service connection claims have been granted, and the Veteran requested withdrawal of the hearing loss rating claim.

The Veteran's representative withdrew the appeal due to a complete grant of benefits for his migraine disability, leaving only three issues unresolved: depression, sleep apnea, and lumbar spine DJD. The Board dismissed these remaining issues as per the appellant’s representative's request.

The Board has granted a 20 percent rating for the Veteran's service-connected lumbar spine disability, which results in forward flexion limited to 45 degrees and combined range of motion limited to 120 degrees during flare-ups and with repeated use over time.

The Board found no evidence of a nexus between the Veteran's current lumbar spine, right knee, and left knee disorders and his military service.,The preponderance of the probative evidence does not support a finding that any of these conditions are related to service.

The Veteran's claims for increased ratings and TDIU were denied as his service-connected conditions did not render him unemployable prior to December 15, 2016.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that there is no evidence of chronic in-service DDD or any other condition related to service. The Board also found that the current DDD was not caused by an in-service injury and is more likely due to normal aging.

The Board has remanded the DIC claim due to insufficient evidence regarding the cause of death and potential interactions between medications.

The Board denied service connection for thyroid disorder, prostate cancer, and back disorder as there was no evidence of a nexus between the conditions and active duty service.

The Board has remanded the claims for an earlier effective date and increased ratings for back disability, neuropathy of the lower right extremity, as well as a claim related to service connection on the basis of clear and unmistakable error (CUE).

The Board denied the Veteran's claims for service connection for a lumbar spine disability, psychiatric disorder (including PTSD, depression, adjustment disorder with depression), right knee disability, and left knee disability. The evidence did not support the presence of current disabilities or establish a link between any diagnosed conditions and service.,The Board found that there was no in-service injury or disease related to the Veteran's lumbar spine or psychiatric disorders, and the diagnoses were not linked to service. For his right and left knee disabilities, the Board noted the absence of evidence showing onset during service.

The Board has reopened the Veteran's claims for service connection for an acquired psychiatric disorder, a low back disability, and sleep apnea. The claims are now remanded for further development.