Back / lumbar spine decisions — 2019

The Veteran's claims for increased ratings for lumbosacral strain and right lumbar radiculopathy are being remanded due to the need for additional VA examinations to assess current severity.

The appeal was dismissed due to the appellant's death, and no service connection decision could be made.

The Board has reopened the claims of service connection for bilateral hearing loss and low back disability. However, it is denied as there is no evidence showing a chronic condition in service or continuity of symptomatology since service.

The Board has reopened the claim of service connection for back disability due to new and material evidence. The case is remanded for further development, including obtaining VA treatment records and a PTSD examination.

The Veteran's appeal is remanded for additional examinations and opinions to determine the nature and etiology of his claimed conditions, including peripheral neuropathy and GERD. The effective date for an increased rating of PTSD remains denied.

The Veteran's appeals for increased ratings and service connection have been remanded due to the need for additional development of evidence.

The Board has remanded the cases for further development and consideration, including scheduling a VA examination to determine the etiology of the Veteran's cervical spine disability.

The Board has reopened the claims for service connection for low back pain, bilateral shoulder disorder (right and left), and left elbow disorder due to new and material evidence submitted since the March 2015 rating decisions.,Service connection will be granted for these conditions as they are found to be related to service.

The Board has remanded the Veteran's claims for service connection for right hip and back disorders due to conflicting evidence regarding their onset during service.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy rendered him unable to secure or follow any substantially gainful occupation prior to September 4, 2015.

The Board has denied the Veteran's claims for service connection for low back disability, right peroneal neuropathy, right foot drop, and radiculopathy of the right lower extremity as these conditions are not linked to active service.

The Veteran's temporary total rating for convalescence post-surgery for herniated nucleus pulposus L5-S1 of the lumbar spine is granted from December 14, 2015 to January 26, 2016.,A rating higher than 40 percent for herniated nucleus pulposus L5-S1 of the lumbar spine across the appeal period is denied.,The Veteran's incomplete paralysis of the sciatic nerve in the right lower extremity associated with the lumbar spine disability is rated at 40 percent from June 11, 2019.

The Veteran's left leg thrombophlebitis is currently rated at 10 percent, and the Board denied an increased rating.,Service connection for diffuse degenerative disc disease of the thoracolumbar spine was granted. The Board found that the preponderance of evidence supported a finding that the condition was incurred in service.,Service connection for left ear hearing loss was granted. The Board found that the Veteran's current hearing loss is at least as likely as not related to his military service.

The Veteran's bilateral pes planus is granted as service-connected.,Increased ratings are required for cervical spine DJD, right shoulder arthritis, sarcoidosis, and bilateral pinguecula.,Service connection is denied for fibromyalgia, polyarthritis (claimed as polyarthritis), chronic fatigue syndrome, respiratory disability, and sleep disability. Additional examinations are needed to determine the etiology of these conditions.,The Veteran's knee scars, right elbow disability, left great toe disability, low back disability, bilateral hip disability, bilateral wrist disability, and bilateral ankle disability are remanded for further examination.

The Board has granted service connection for the Veteran's thoracolumbar spine disability, including arthritis, degenerative disc disease (DDD), radiculopathy, and spondylosis. The decision is based on continuity of symptomatology since service.

The Board has remanded several issues for further development and examination, including service connection claims for various conditions.

The Board has determined that a remand is necessary to obtain additional medical opinions or examinations regarding the Veteran's claimed conditions. The issues of service connection for hemorrhoids, right shoulder disorder, ear disorder (including otitis media with effusion and cerumen impaction), left leg disability, low back disorder, and Lyme disease are being returned to the agency of original jurisdiction for further development.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there is no evidence to support a causal relationship between his current condition and his active military service.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a new examination to assess the severity of the service-connected lumbosacral strain. The issues of entitlement to an increased rating for lumbosacral strain and entitlement to TDIU prior to July 3, 2017 are inextricably intertwined.

The Veteran's claim for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to October 22, 2010 and in excess of 20 percent from October 22, 2010.