Back / lumbar spine decisions — 2019

The Veteran's claim for service connection for sleep apnea, acquired psychiatric disorder (including PTSD), back condition, and right shoulder disability has been reopened. The heart condition claim was denied due to lack of new and material evidence. The TDIU claim is remanded.

The Veteran's lumbar strain with mild disc bulge, L4-L5-S1 is rated at 40 percent effective January 9, 2015. The Board denied higher ratings for the lumbar strain and radiculopathy.

The Veteran's appeals for increased ratings and service connection were dismissed. The Board also remanded several issues related to the Veteran's right knee, hip disabilities, and sciatic nerve pain.

The claim of entitlement to service connection for bilateral hearing loss is dismissed.,The claim of entitlement to service connection for tinnitus is denied. The preponderance of the evidence is against finding that the Veteran's tinnitus began during active service, manifested during the initial post separation year, or is otherwise related to an in-service injury or disease.

The Board denied the Veteran's claims for TDIU from July 23, 2009 to August 10, 2012 and from August 10, 2012 due to a lack of evidence showing that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment. The Board found that the Veteran retained the ability to work during these periods despite some limitations.

The Board has decided that the Veteran's sleep apnea should be remanded for further examination and opinion to determine if it is related to service, including his back disability and depression.

The Board has remanded the case due to inadequate VA examination and need for additional evaluations of the Veteran's right shoulder, lumbar spine, and cervical spine disabilities.

The Veteran's headaches, radiculopathy of the bilateral upper extremities, traumatic brain injury, lumbar spine disorder, cervical spine disorder, and radiculopathy of the bilateral lower extremities are all granted as service-connected.,Reasoning: The Board found that the Veteran experienced in-service falls and concussions which led to current disabilities. After resolving all doubt in favor of the Veteran, the Board determined these conditions are related to his military service.

The Board denied service connection for a low back disorder and bilateral tinnitus, finding that the evidence did not support a link between these conditions and active duty service.

The Board has remanded the case due to deficiencies in the previous examination and opinion, specifically regarding the Veteran's reported injury while on field maneuvers in Germany.

The Veteran's appeal for an increased disability rating in excess of 10 percent for his service-connected chronic low back pain/strain with L5-S1 disc degeneration and herniation, status post microdiskectomy, with subjective radiculopathy is remanded. The case must be returned to the AOJ to issue a new SSOC addressing the appropriate disability ratings assigned for this issue as well as inextricably intertwined issues of bilateral lower extremity radiculopathy and lumbosacral scar.

The Board has granted service connection for lumbar degenerative disc disease with lumbar spinal stenosis and bilateral carpal tunnel syndrome, finding that these conditions had onset during military service.

The Veteran's claims for service connection were denied. The Board found that the Veteran did not provide sufficient new and material evidence to reopen his claim for a lumbar vertebral mass, but granted service connection for bilateral pes planus and migraine headaches. Service connection was also denied for neck disability and arthritis of the right foot.

The appeal for entitlement to a TDIU beginning on or after April 16, 2019 is dismissed due to the Veteran's receipt of a 100% disability rating for dysthymic disorder and special monthly compensation (SMC) under the provisions of 38 U.S.C. § 1114 (s).

The Board has remanded the issues of service connection for a recurrent lumbosacral spine disability, right knee disability, left knee disability, and right foot disability due to insufficient evidence. The Veteran's hearing loss was not shown during active service or at any time thereafter.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran’s claims, including for issues related to a temporary total evaluation for convalescence based on surgical treatment received in November 2014, a rating in excess of 30 percent for neurogenic bladder, and a separate evaluation for chronic low back pain as part of the evaluation of the additional disability of the lumbar spine under 38 U.S.C. § 1151.

The Veteran's appeal is remanded for further rating determinations on his service-connected low back strain, right ankle sprain, and left ankle sprain.

The Board has remanded several issues for further development, including service connection claims and a rating for PCOS. The Veteran's PCOS symptoms have been identified, but additional medical opinions are needed to address the severity of her condition and its relationship to other conditions.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to obtain private medical records and complete a VA Form 21-8940 (Application for Total Disability Rating Based on Individual Unemployability).

The Veteran's claim for service connection for a back disability has been reopened, and the case is remanded to determine if there is evidence that relates to an unestablished fact necessary to substantiate the claim. The claim of service connection for bilateral lower extremity disability (claimed as bilateral knee disability) is also remanded.