Back / lumbar spine decisions — 2019

The Veteran's request to reopen service connection for several conditions, including GERD, was granted. The right heel spur rating is also increased.

The Board has denied service connection for right ear hearing loss and initial compensable ratings for left ear hearing loss. The case is remanded to obtain VA examinations for the Veteran's left knee disability, low back condition, and headaches.,The Board has also found that there is insufficient evidence to grant service connection for these conditions.

The Board has denied the Veteran's claims for service connection for cervical spine DDD and lumbar spine DJD, finding that there is no evidence of a chronic disability in service or within a presumptive period, and that any current disabilities are not related to service.

The Board has determined that additional development is necessary and the appeal is, therefore, REMANDED. The Veteran must provide information about his Social Security disability benefits and any relevant private medical records.

The Board has denied service connection for COPD as the Veteran does not have a current diagnosis of COPD and his nonspecific interstitial lung disease is already service-connected.,The Board has remanded the claims for an eye disability, recurrent cysts to include scars due to removal of cysts, dermatitis, skin cancer, BPH, GERD, CKD, and back disability as there are factual questions regarding herbicide exposure in Thailand and fuel exhaust, oil, chemicals, or herbicides during active service.,The Board has remanded the claims for an eye disability, recurrent cysts to include scars due to removal of cysts, dermatitis, skin cancer, BPH, GERD, CKD, and back disability as there are factual questions regarding herbicide exposure in Thailand and fuel exhaust, oil, chemicals, or herbicides during active service.,The Board has remanded the claims for an eye disability, recurrent cysts to include scars due to removal of cysts, dermatitis, skin cancer, BPH, GERD, CKD, and back disability as there are factual questions regarding herbicide exposure in Thailand and fuel exhaust, oil, chemicals, or herbicides during active service.,The Board has remanded the claims for an eye disability, recurrent cysts to include scars due to removal of cysts, dermatitis, skin cancer, BPH, GERD, CKD, and back disability as there are factual questions regarding herbicide exposure in Thailand and fuel exhaust, oil, chemicals, or herbicides during active service.,The Board has remanded the claims for an eye disability, recurrent cysts to include scars due to removal of cysts, dermatitis, skin cancer, BPH, GERD, CKD, and back disability as there are factual questions regarding herbicide exposure in Thailand and fuel exhaust, oil, chemicals, or herbicides during active service.,The Board has remanded the claims for an eye disability, recurrent cysts to include scars due to removal of cysts, dermatitis, skin cancer, BPH, GERD, CKD, and back disability as there are factual questions regarding herbicide exposure in Thailand and fuel exhaust, oil, chemicals, or herbicides during active service.,The Board has remanded the claims for an eye disability, recurrent cysts to include scars due to removal of cysts, dermatitis, skin cancer, BPH, GERD, CKD, and back disability as there are factual questions regarding herbicide exposure in Thailand and fuel exhaust, oil, chemicals, or herbicides during active service.

The Veteran's claim for service connection for an eye disability, acquired psychiatric disorder, prostate cancer, kidney disability, erectile dysfunction, and heart disability is granted. The claim for service connection for a back disability is denied.

The Veteran's claims for service connection for diabetes mellitus, peripheral neuropathy of the RLE and LLE associated with diabetes mellitus, degenerative arthritis of the thoracolumbar spine, radiculopathy of the RLE, and radiculopathy of the LLE have all been denied.,Effective dates for service connection were granted on March 19, 2010, for degenerative arthritis of the thoracolumbar spine associated with left knee DJD, radiculopathy of the RLE, and radiculopathy of the LLE.

The Veteran's claims for compensation under the provisions of 38 U.S.C. § 1151 and/or service connection for a lumbar spine disorder, as well as his claim for service connection for a cervical spine disorder, are remanded due to new evidence received since the final November 2009 rating decision. The Veteran's claim for an acquired psychiatric disorder is also remanded with instructions to obtain relevant medical records.

The Veteran's appeal is remanded for additional development, including obtaining VA and private treatment records relevant to his right shoulder condition. The Board will then consider the claims of service connection for bilateral hearing loss, back condition, and right shoulder condition.

The Veteran's claim for an earlier effective date of the 60 percent evaluation for GSW of the lumbar spine was denied. The Board found no clear and unmistakable error in the March 1989 rating decision that granted a 40 percent evaluation, as the evidence then of record supported this decision.

The Board has remanded the cases for further development and examination as there are insufficient medical opinions to support a decision on service connection.

The Veteran's 40% disability rating for thoracolumbar spine disability was restored, effective January 1, 2019. A higher rating of over 40% is denied.

The claim to reopen the previously denied claim for service connection for left knee disability is granted. The appeal is granted to this extent only.

The Veteran's claims for increased ratings for major depressive disorder, mechanical low back strain, and left hamstring tendonitis were denied. The Board found that the evidence did not support a higher rating than 30 percent for MDD, 10 percent for mechanical low back strain, or 10 percent for left hamstring tendonitis.

The Board has decided to remand the case due to missing medical records from a chiropractor and Kaiser Permanente. The AOJ needs to obtain these records for further evaluation.

The Veteran's claim for lumbar spine stenosis was reopened and granted.,The Veteran's claims for cervical spine stenosis and degenerative disc disease were granted, but his claim for vertigo was denied.

The Veteran's service connection claims for low back disorder, left ear hearing loss, tinnitus, right ear hearing loss, sleep apnea, and headaches have been reopened. However, the Board has determined that new and material evidence was not received to reopen these claims.,The Veteran's claim for an effective date earlier than August 29, 2014, for the award of a 50% rating for other specified trauma related disorder with major depressive disorder and history of PTSD is dismissed.

The Veteran's acquired psychiatric disorder is rated as 30 percent disabling. The Board denied a higher rating due to occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks.,Service connection for the right shoulder disability, lumbar spine disability, and left foot disability was not granted because new evidence did not raise a reasonable possibility of substantiating the claims.,The Veteran's sleep apnea is not causally related to his military service. Service connection for migraines was also denied due to lack of causal relationship with military service.,,,

The Veteran's appeal for a higher disability rating for his lumbar spine disorder is dismissed due to the Veteran's death.

The Board denied a claim for an increased evaluation of 10 percent for thoracolumbar strain (claimed as lower back pain), finding that the Veteran's disability did not meet or approximate the criteria for a higher rating under VA regulations.