Back / lumbar spine decisions — 2019

The Board has granted service connection for CAD and remanded the issues of service connection for heart problems, arthritis and pain in the lumbar and thoracic spine, a disability of the spine, thyroid disability (papillary thyroid micro carcinoma), renal cell carcinoma with radical right nephrectomy, and right lung cancer.

The Board has determined that a remand is necessary to obtain updated medical examinations and treatment records for the Veteran's service-connected radiculopathy of the lower extremities and degenerative arthritis of the lumbar spine, as well as to address the Veteran's claims for increased ratings.

The Board denied service connection for bilateral hearing loss and lumbar spine disability, finding no new or material evidence to reopen the claims.

The Board has determined that the Veteran's current lumbar spine disorder is not related to his active service, and thus denied his claim for service connection. However, due to new evidence submitted since the final denial, the claim was reopened.

The Board has remanded the case due to insufficient evidence regarding service connection for hypertension. The initial rating for back disability remains denied.

The Board denied service connection for a back disability and a neck disability, finding that the Veteran's conditions did not occur during his active duty service or were permanently aggravated by his Reserve training. The evidence showed that the Veteran had pre-existing injuries from an automobile accident in 1993 which worsened after he attended Reserve training in 1994.

The Veteran's claims for increased rating and TDIU related to his chronic lumbar strain are being remanded due to lack of compliance with previous Board directives. Additional development is needed, including obtaining private treatment records and providing the Veteran with proper notice regarding the information and evidence necessary to substantiate a TDIU claim.

The Veteran withdrew his appeal for a higher rating of 20 percent or more for his service-connected lumbosacral spine degenerative disc and joint disease.

The Veteran's lumbosacral sprain and associated conditions are rated at 40 percent effective from November 13, 2018. Separate ratings of 20 percent each are granted for lower extremity radiculopathy affecting the right and left lower extremities. A rating of 10 percent is granted for instability in the right knee.

The Veteran's claims for earlier effective dates and initial ratings have been denied. The Board found that the criteria for an earlier effective date were not met, as the effective date assigned was the day following discharge from service. For other issues, no higher rating could be assigned based on current evidence.

The Veteran is granted special monthly compensation based on the need for aid and attendance due to service-connected disabilities. However, he does not qualify for housebound benefits as his single service-connected disability rated at 100% does not meet the requirement of additional service-connected disabilities independently ratable at 60%.

The Veteran's atherosclerosis of abdominal aorta is not rated as compensable due to lack of symptoms warranting such rating.,Service connection for left and right ankle tendonitis was denied as there is no evidence linking the conditions to service.

The Board has granted service connection for tinnitus and remanded the issues of service connection for right ear hearing loss, abnormal ventricular contractions with residuals, a lumbar spine disorder, a respiratory disorder to include pneumonia residuals, and a tonsil disorder to include residuals of tonsillitis.

The Veteran's claims for service connection have been granted, with the exception of a skin disorder. The Board found new and material evidence to reopen claims for muscle cramps, low back pain, and pes planus. Service connection is granted for these conditions. However, service connection was denied for a skin condition due to Agent Orange exposure.

The Veteran's claims for increased ratings for his left knee and back disabilities are being remanded due to the need for updated VA examinations.

The Board has decided that additional development is needed before the claims for service connection for left wrist and low back disorders can be adjudicated. The Veteran's symptoms of pain and functional limitations may have been incurred in active service, warranting VA examinations.

The Board denied the Veteran's claim for service connection for lumbar disc disease as new and material evidence was not submitted to reopen the previously denied claim.

The Veteran's PTSD prior to April 18, 2012 resulted in occupational and social impairment with reduced reliability and productivity. The Board denied a higher rating for PTSD but granted TDIU due to the combined effect of his service-connected disabilities.

The Board has granted service connection for tinnitus. Service connection for myasthenia gravis, cardiac disability, lumbar spine disability, bilateral knee disability, and skin cancer is being remanded due to the need for additional development.

The Board has granted service connection for lumbar spine and left knee disabilities as secondary to the Veteran's service-connected pes planus disability, sleep apnea syndrome, and hypertension. All conditions are found to be related to his military service.