Back / lumbar spine decisions — 2019

The Veteran's claim for a TDIU was denied as the evidence did not support his contention that he was unable to secure or follow a substantially gainful occupation due to service-connected disabilities.

The Veteran's claim for an increased rating of PTSD was granted effective February 3, 2010.,Claims for increased ratings for DDD and DJD of the lumbosacral spine, right lower extremity compression neuropathy, and left lower extremity compression neuropathy were denied as it is not factually ascertainable that these conditions increased in severity within a year of April 11, 2012.

The Board has remanded the Veteran's claims for service connection for a back disability and shin splints of the left and right lower extremities due to insufficient evidence. The Veteran is requested to provide additional medical records, including VA examination results.

The Veteran's tinnitus was granted service connection. The Veteran's abdominal scarring and shin splints were denied service connection. The Veteran's lumbar strain, bilateral lower extremity radiculopathy, and left leg shin splints with moderate knee disability are remanded for further evaluation.

Service connection for PTSD is granted. The Veteran's service-connected disc disease of the lumbar spine with hemangiolipoma of the thoracic spine and cervical spine are remanded for further evaluation.

The Veteran's lumbosacral strain with degenerative arthritis of the spine is related to service and has been granted. The issues of entitlement to service connection for a neck disorder, upper extremity neuropathy, foot disorder (right foot and right ankle disorders), right knee disorder, acquired psychiatric disorder (claimed as sleep disturbances), and migraine disorder are remanded.

The Board has denied the Veteran's claims of service connection for left and right knee disabilities, left shoulder disability, right shoulder disability, lumbar spine disability, and cervical spine disability. The Board found that these conditions were not incurred or aggravated by active duty.

The Board has determined that the Veteran's low back disability had its onset during service and granted service connection for this condition.

The Veteran's right lower extremity sciatic radiculopathy is rated at 20% prior to March 20, 2017 and 10% since then. The left lower extremity sciatic radiculopathy remains rated at 10%. A separate rating for post-operative tear of the right wrist with sprain and tendonitis was granted.

The Board has denied the Veteran's claims for service connection for fibromyalgia, chronic back pain, and multi-level degenerative disc disease of the cervical spine. The remaining issues on appeal regarding dental compensation and treatment are remanded.

The Veteran's claims for service connection for low back condition and sleep apnea are being remanded due to the need for additional development, including a VA examination.

The Board has ordered the AOJ to provide a VA medical opinion on whether the Veteran's current neck disorder is related to active duty or causally related to or aggravated by his service-connected lumbosacral spine disability. The examination was scheduled, but the Veteran did not show up for it.

The Veteran's spine disability, characterized by scoliosis, has been rated at 20 percent since the appeal period began. The Board found that a higher rating was not warranted due to lack of evidence of ankylosis or incapacitating episodes.

The Board has remanded the cases for additional development due to the Veteran's homelessness and lack of participation in the appeal process. The RO is directed to ensure that appropriate notification letters are received by the Veteran (and his attorney) and that he may actively participate in the development of his claims.

The Board dismissed the issue of an effective date prior to November 30, 2010 for a right knee disability. The application to reopen claims for service connection for left knee and low back disabilities were denied due to lack of new and material evidence.

The Veteran's back disorder, hypertension, and hearing loss are all being remanded for further examination and opinion. The service connection for the back disorder is presumed due to Agent Orange exposure. For hypertension, a new VA opinion is needed considering the November 2018 National Academy of Sciences study. Hearing loss requires an ENT specialist's opinion on its relation to in-service noise exposure.

The Board denied the Veteran's claim for service connection of a lower back disability, finding that there was no evidence of any lower back complaints or treatment during service and concluding that the condition is not related to his military service.

The Board has determined that the Veteran's lower back disability is a result of or aggravated by his service-connected left leg/knee condition, and therefore grants service connection for this secondary disability.

The Veteran's hypertension was granted service connection as secondary to his service-connected lumbar spine DDD and bilateral lower extremity radiculopathy.,The reduction of the rating for the Veteran’s service-connected lumbar spine disability from 40 percent to a 20 percent rating, effective April 1, 2016, was denied. The 40 percent evaluation is restored.

The Board has remanded the Veteran's claims for service connection for lumbar spine, cervical spine, and right upper extremity disabilities due to insufficient evidence in the record. The Veteran asserts these conditions are related to an April 1993 motor vehicle accident during active duty.