Back / lumbar spine decisions — 2019

The Board has reopened the claim for service connection for a low back disorder due to new and material evidence. However, the issue of increased rating for bilateral hearing loss remains denied.,The Board has also remanded the issue of entitlement to service connection for a low back disorder for further adjudication.

The Board has granted service connection for the Veteran's degenerative disc disease, lumbar spine and osteoarthritis of the cervical spine with foraminal stenosis and intervertebral disc syndrome. The other conditions were denied as they are not attributable to service.

The Veteran's claim for VR&E benefits is remanded due to the need for a complete vocational rehabilitation file and additional evaluations. The Veteran also needs to provide evidence of unsuccessful attempts at employment in his chosen fields.

The Veteran's initial claim for service connection for bilateral hearing loss was denied, and his appeal for an increased rating for the same condition was also denied. The Board found that there is no evidence of a current disability related to service.,Service connection for lumbar spine DDD was denied as the Veteran did not provide sufficient evidence to establish a link between his current condition and active service.

The Veteran's lumbar spine disability and chronic neck condition are being remanded for further evaluation due to the possibility of increased severity since the last VA examination in August 2017. The Veteran's cervical spine disability is also being remanded as there is insufficient evidence regarding its cause or whether it was aggravated by his service-connected back disability.

The Veteran's claims for increased ratings for chronic constipation and thoracolumbar strain with mild levoscoliosis are being remanded due to the need for additional examinations.

The Board denied the Veteran's claim for service connection of a thoracolumbar spine disability, finding that there was no evidence linking his current condition to his military service.

The Veteran's appeal for a higher rating for his service-connected cervical strain degenerative disc disease (DDD) is remanded due to an inadequate VA examination prior to the January 2019 decision. A new VA examination is required to assess the severity of his condition, including during flare-ups and after repeated use over time.

The Veteran's claims for earlier effective dates for service connection are denied as the decisions establishing the current effective dates have already become final.

The Veteran's service-connected disabilities require regular aid and attendance of another person, as he is unable to perform daily activities such as dressing, grooming, bathing, feeding himself, and attending to his needs. The Board has granted SMC based on need for regular aid and attendance.

The Veteran's service connection for hypertension, radiculopathy of the right upper extremity, and degenerative arthritis and degenerative disc disease of the lumbar spine with herniated nucleus pulposus L4-L5, status-post spinal fusion is denied. The effective dates for TDIU and DEA are granted.

The Veteran's tinnitus is related to active service and the Board has granted service connection for this condition. The other claims of service connection are remanded due to insufficient evidence.

The Veteran's appeals for higher initial disability ratings for degenerative arthritis in the lumbar spine and radiculopathy in the left lower extremity have been dismissed as the Veteran withdrew his appeals.

The Board has denied the Veteran's claims for service connection for a low-back condition and an acquired psychiatric condition, to include schizophrenia. The decision is remanded due to errors in obtaining private treatment records from the Peace River facility.

The Veteran's claims for service connection for acquired psychiatric disorder (including PTSD), bilateral hearing loss, migraines, mid and lower back condition, and sleep apnea were denied. The Board found that the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Veteran's claims for increased ratings for his service-connected lumbar spine and lower extremity radiculopathy disabilities are being remanded due to the need for additional medical examination.

The Veteran's claims for service connection are being remanded due to the need to consider new evidence under the 'new and relevant' standard.

The Veteran's back disability is not service-connected, and therefore TDIU cannot be granted as a matter of law.

The Board has remanded the case due to conflicting medical opinions regarding whether hypertension is aggravated by service-connected diabetes mellitus and/or diabetic nephropathy. The Veteran's private treatment records are also incomplete, and additional requests for these records must be made.

The Veteran's claim for service connection for a low back disorder is reopened, and he is granted service connection for degenerative arthritis and degenerative disc disease of the lumbar spine.,Service connection is also granted for persistent depressive disorder. The compensable disability rating for otitis externa with excess cerumen production is remanded due to lack of recent VA examination records. Service connection for bilateral hearing loss is also remanded.