Back / lumbar spine decisions — 2019

The Veteran's lumbar spine DDD is currently rated at 40 percent, effective April 6, 2011. The issue of an increased rating in excess of 40 percent prior to that date remains pending.,The Veteran's right shoulder arthritis is currently rated at 40 percent, effective April 6, 2011. The issue of a higher rating prior to that date remains pending.

The Board has remanded the claims for a higher initial rating for lumbar spine disability and right lower extremity radiculopathy due to new evidence submitted by the Veteran.

The Board has remanded the claims for service connection for low back, right shoulder, and left shoulder disabilities due to potential new evidence indicating that a leg length discrepancy from the Veteran's service-connected left knee disability could cause another joint issue.

The Board has decided to remand the case due to insufficient medical evidence regarding the relationship between a lumbar disorder and an in-service traumatic brain injury. The Veteran's claim for service connection is pending.

The Veteran's service-connected unspecified depressive disorder, obstructive sleep apnea, lumbar spine degenerative disc disease, bilateral hearing loss, and tinnitus are granted. The effective dates for these conditions remain at the date of receipt of the claim to reopen following the final denial in February 2006.

The Veteran withdrew his appeals for the issues of service connection and rating for eye injuries, prostate disorder, lumbar strain, bilateral hearing loss, and TDIU.

The Board has denied service connection for a shoulder muscle condition and radiculopathy of the left lower extremity. The Veteran's claims for tinnitus, low back disability (including spinal defect), throat cancer, and bladder cancer are being remanded for further development.,Service connection is not granted for any of the conditions listed above due to lack of current diagnoses.

The Veteran's claim to reopen service connection for facial and lip lacerations was denied due to lack of new and material evidence.,Service connection for coronary artery disease status post heart attack is granted as presumed due to herbicide exposure in Vietnam.,PTSD is rated at 50 percent, the maximum under applicable criteria.,Tinnitus remains at a 10 percent rating.,Bilateral hearing loss was initially noncompensable and now rated at 10 percent after January 14, 2019.,Low back disability is rated at 10 percent prior to October 28, 2015, and in excess of 40 percent thereafter. Right knee disability remains at a 10 percent rating.

The Veteran's claim for an increased rating for his low back disability was denied, and the Board remanded it. The effective date of the 20% rating is October 22, 2015.,The Veteran's service connection for left wrist tendonitis and a genitourinary condition (claimed as urinary frequency) secondary to lumbosacral strain with intervertebral disc syndrome was remanded.

The Board has granted service connection for low back, right knee, and left knee disabilities. The Veteran's current diagnoses are linked to his active duty service.,Service connection was denied for a right shoulder condition due to lack of evidence showing the presence of such a disability.

The Veteran's claims for service connection for Traumatic Brain Injury and Back Disability have been dismissed due to the death of the appellant.

The Veteran's lumbar spine disability is granted a rating of 40 percent, but no higher, prior to January 22, 2018. A rating in excess of 40 percent for the back as of January 22, 2018, is denied.

The Veteran's disability ratings for lumbosacral spine strain and TDIU are being remanded due to the need for additional medical records and examination.

The Veteran's service-connected disabilities have not rendered him unable to secure or follow a substantially gainful occupation, and his TDIU claim is denied.

The Board has remanded the cases for additional development and examination to determine if service connection can be granted for lumbar spine, left foot, and right foot disabilities.

The Veteran's claim for service connection of a back condition is granted. The appeal is also granted to address the increased rating and compensable rating issues.

The Veteran's claim of service connection for a back disorder and left foot numbness is remanded due to insufficient evidence. The Board will seek additional opinions on the etiology of these conditions.

The Board has remanded the Veteran's claims of service connection for obstructive sleep apnea, low back disability, right knee disability, left knee disability, and acquired psychiatric disorder due to insufficient evidence or need for further examination.

The Veteran's appeals for increased ratings for left bicep tendon rupture, medical anterior left upper arm scar, and adjustment disorder have been withdrawn.,Service connection has not been granted for the Veteran's claimed left shoulder disability, low back disability, or left hip disability.

The Board has granted service connection for right and left knee osteoarthritis, as well as lumbar spondylosis and disc bulging with disc degeneration. The decision also remanded the issues of entitlement to service connection for bilateral ankle disability, neck pain, and headaches.