Back / lumbar spine decisions — 2019

The Veteran's claim for a 100 percent disability rating under Diagnostic Code 5055 for left knee condition status post partial replacement is granted. The Board finds the Veteran entitled to a temporary 100 percent rating from February 23, 2012 through March 31, 2013. However, his claim for service connection for a low back disability, to include as secondary to service-connected left total knee arthroplasty and/or right knee arthroplasty, P.O. internal derangement, degenerative disease is remanded due to inadequate medical opinion.

The Veteran's claims for cervical spine, eye, lumbar spine, right shoulder, and bilateral hearing loss conditions have been denied as there is no evidence of a chronic condition related to service.,New evidence received since the most recent denial does not relate to an unestablished fact necessary to substantiate any of these claims.

The Board has determined that a remand is necessary for the Veteran's low back disability and TMJ disorder of jaw due to potential material changes in his symptoms since the last examinations. The rating for the low back disability will be reconsidered, and an examination will be scheduled to assess the current severity of the condition.

The Board has determined that the Veteran's current low back disability is related to his active service, and therefore grants service connection for this condition.

The Veteran's appeal for an increased disability rating in excess of 20 percent for lumbar spine myofascial strain is denied. The Board finds that the evidence does not show forward flexion limited to at least 60 degrees or favorable ankylosis of the lumbar spine, which are required for a higher rating. The Veteran's appeal for service connection for obstructive sleep apnea (to include as due to service-connected PTSD) is remanded for additional clarification and opinion.

The Veteran's lumbar spine disorder is rated at 40 percent from January 4, 2018. Separate disability evaluations are granted for radiculopathy of the left and right lower extremities associated with his service-connected lumbar spine disorder. Service connection for secondary shoulder, knee, and ankle disorders remains remanded.

The Board denied service connection for a lumbar spine disability, to include lumbar strain and degenerative changes. The Veteran's claim was also denied for reopening the previously denied claim of sinusitis. Ratings for bilateral hearing loss prior to April 24, 2019 were denied, as well as ratings in excess of 10 percent from that date.,The Board found no evidence of a disease or injury related to the lumbar spine during service and concluded there was insufficient evidence linking current back pain to service. The Veteran's claim for sinusitis was also denied due to lack of current diagnosis.

The Board has granted service connection for the Veteran's right knee, left knee, and back disabilities due to new evidence submitted after the previous denial. The current disabilities are presumed to have existed prior to service but were not aggravated by service.

The Veteran's TDIU claim is remanded due to a duty to assist error. The effective date for his TDIU should be reconsidered based on the evidence of record and any new information regarding his employment and income since September 2012.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claims for service connection for back condition, diabetes mellitus, left and right ankle disorders (claimed as bilateral ankle), left and right knee disorders (claimed as bilateral knee), left shoulder condition (claimed as bilateral shoulder), right shoulder condition (claimed as bilateral shoulder), and stomach cancer. The evidence includes recent VA treatment records and a new VA examination opinion.

The Board has remanded several issues related to the Veteran's service connection claims due to a failure to obtain VA examinations and provide nexus opinions. The Veteran's service records do not support a finding of in-service injury or disease for most conditions.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and low back disability, finding no evidence of a current disability or a link to service.

The Board has remanded the cases due to incomplete opinions regarding secondary service connection and direct service connection for various disabilities.

The Board has determined that the Veteran's current back condition is etiologically related to his military service, and therefore grants service connection for a back condition.

The Board has remanded the case due to insufficient evidence regarding the Veteran's thoracolumbar spine disability. The left knee disability claim is denied.

The claim for service connection for intervertebral disc syndrome and generalized arthritis was denied as the evidence does not support a causal relationship to service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current low back disability is related to service. The case will be returned for an addendum opinion from a qualified examiner.

The Board denied service connection for arthritis of the right hip, malaria, low back arthritis, left thumb arthritis, a left shoulder condition, and a right shoulder condition.,There is no evidence to support that any of these conditions began during or are otherwise related to the Veteran's military service.

The Veteran's lumbar spine disability was not rated higher than 40 percent, and the effective date for a 40 percent rating is denied.,Left knee disability ratings were denied, including an initial rating in excess of 10 percent under Diagnostic Code 5261 and a separate 10 percent rating under Diagnostic Code 5259. The effective date for service connection for limitation of extension was also denied.,Right lower extremity radiculopathy and left lower extremity radiculopathy ratings were denied, as well as the effective dates for these claims.,The Veteran's right 5th metacarpal disability was not rated higher than 0 percent. Service connection for a left upper extremity neurological disability was also denied.,Service connection for a left knee limitation of extension and scars, left knee were denied with no effective date granted.

The Board denied service connection for a low back disability, including as due to an undiagnosed illness.,The Board denied service connection for an acquired psychiatric disorder, including as due to an undiagnosed illness.,The Board denied service connection for chronic fatigue syndrome, including as due to an undiagnosed illness or in-service immunizations.,The Board denied service connection for sleep apnea, including as due to an undiagnosed illness or in-service immunizations.,The Board denied service connection for esophageal fungal infection.