Back / lumbar spine decisions — 2019

The Veteran's low back strain is now rated at 40 percent effective August 16, 2016. His left foot fracture remains at a 20 percent rating.

The Veteran's service-connected degenerative arthritis of the lumbar spine is currently rated at 10 percent from January 20, 2009 to January 28, 2014 and at 10 percent from April 1, 2014 to May 12, 2017. The Board has remanded the case for further development regarding these periods.

The Veteran's low back disability, right leg radiculopathy, and left leg radiculopathy have been granted ratings. The Veteran is also granted total disability based on individual unemployability.

The Veteran's claims for increased ratings for nephropathy with hypertension, degenerative changes, low back, and diabetes mellitus have been denied. The Board found that the current evaluations adequately reflect the severity of the disabilities.

The Veteran's claim for service connection for a back disability is being remanded due to the need for additional medical evidence and consideration of his reports of continuous back pain since service.

The Veteran's claim for service connection for tinnitus has been reopened and granted. The Board found that the evidence is new and material, as it relates to an unestablished fact necessary to substantiate the claim - his tinnitus being related to noise exposure during service.,For the bilateral hearing loss disability, the Veteran's claim was not reopened because no new and material evidence was received since the April 2012 rating decision. The Board found that the evidence did not relate to an unestablished fact necessary to substantiate the claim - his hearing loss not being related to service.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine was granted with an effective date of May 26, 2006. The Board also remanded the case to obtain updated treatment records and a VA examination.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and depression, finding that there were insufficient reasons provided in the original decision. The case will be returned to the RO for further development.

The Board has remanded the case for further development, including obtaining additional VA treatment records and preparing an addendum opinion regarding the etiology of the Veteran's low back disability. The right ankle fracture rating remains denied.

The Board has denied the Veteran's claims for service connection for a lumbar spine disability and sleep apnea, finding that there is no evidence to support a causal relationship between these conditions and his military service.

The Veteran's claim for an increased rating for his low back disability was received on August 22, 2014. Service connection for radiculopathy of the left lower extremity as secondary to the service-connected low back disability was granted effective from that date.

The Veteran's claims for service connection have been granted, with the exception of hypertension secondary to diabetes mellitus type II. The left and right knee conditions are related to his in-service injuries, as is the lumbosacral strain (back pain). Diabetes mellitus type II and hypertension were not found to be due to herbicide exposure or Vietnam service.

The Veteran's back disability is remanded due to the need for a VA examination to assess its etiology and relationship to service, including any in-service trauma or heavy lifting.

The Board has decided to remand the case due to insufficient information regarding the etiology of the Veteran's back disorder, specifically his in-service injuries. The case will be returned for further development and an addendum opinion.

The Veteran's cervical spine disability is granted as service-connected. The issues of rating in excess for right knee and lumbar spine disabilities are remanded.

The Veteran's claims for increased ratings for his lumbosacral spine disability and neurological disorder of the right lower extremity involving the sciatic nerve are being remanded due to incomplete development.

The Veteran's neck and right knee disabilities have been granted service connection on a presumptive basis. The remaining claims, including those for respiratory disability, bilateral hand numbness, acid reflux disease, and right ankle strain, are remanded.

The Veteran's current diagnosis of degenerative arthritis of the lumbar spine is not service connected as it did not manifest during or within one year after his active service, and there is no evidence linking the condition to an in-service back strain.

The Veteran's claims for higher ratings for their service-connected lumbar spine and cervical spine disabilities were denied. The lumbar spine disability was rated at 10 percent prior to June 25, 2018, and increased to 40 percent effective June 25, 2018. The cervical spine disability remained at a 10 percent rating throughout the appeal period.

The Veteran's service-connected disabilities do not render him unemployable, as the evidence does not provide sufficient information to determine his employability.