Back / lumbar spine decisions — 2019

The Board denied the Veteran's claims for service connection for hepatitis C, right ear hearing loss, bilateral knee disability, myopathy type 2 fiber atrophy (claimed as due to chemical exposure), and lumbar spine disability. The decision is final.

The Veteran's claim for service connection for a low back disability was granted, as new and material evidence had been submitted to reopen the previously denied claim. The Board found that the Veteran's current low back disability is related to his in-service injury during active duty.

The Veteran's right, left knee disabilities, neck disability, back disability, acquired psychiatric disorder (PTSD and depression), headaches, and ED have been granted service connection. A rating of 60 percent has also been assigned for the urethral stricture.

The Board has remanded the claims for right eye disability, degenerative disc disease of the lumbar spine, and acquired psychiatric disorder due to potential service connection based on reported in-service trauma.

The Board has ordered the case to be remanded for further development regarding the Veteran's claim of service connection for osteoporosis.

The Veteran's tinnitus is granted as service-connected. The Board finds the Veteran competent and credible regarding his in-service noise exposure and continuous symptoms since discharge, but places little weight on the VA examiner's opinion that the tinnitus is not related to service. For the bilateral elbows, hips, and ankles, and low back disabilities, the Board finds remand necessary for further examination.

The VA denied the Veteran's appeal as the withholding of his disability compensation benefits to recoup disability severance pay was proper and not a duplicate recovery.

The Veteran's claims for service connection have been reopened and granted. The issues of service connection for cervical and lumbar spine conditions, an acquired psychiatric disorder (to include PTSD), and IBS are remanded for further development.

The Veteran's claims for service connection were denied due to lack of new and material evidence. The low back disability claim was reopened, but the Board found insufficient evidence to determine if it is related to service.

The Veteran's appeal for an increased rating for PTSD prior to March 3, 2016 and from that date has been dismissed. The Board also remanded the issue of entitlement to SMC based on aid and attendance.

The Veteran's initial disability ratings for impairment of the ulnar nerve in both upper extremities, cervical spine degenerative disc and joint disease with IVDS, and lumbar spine sprain with degeneration and desiccation of L4-L5 have been denied.,The Veteran’s service connection claims for erectile dysfunction (secondary to a service-connected disability), left shoulder disability, and right shoulder strain have been remanded.

The Board denied service connection for an unspecified depressive disorder as it was not caused or aggravated by the Veteran's service-connected disabilities. The claims of increased ratings and TDIU were also remanded.

The Veteran's claim for service connection for a psychiatric disorder other than PTSD with major depression is dismissed. His claim for an increased disability rating for thoracolumbar strain with IVDS (previously diagnosed as midthoracic strain) prior to March 28, 2017 is granted.

The Board has granted an earlier effective date of September 30, 2003 for service connection of lumbar-spine disorder. However, the issue of a higher initial disability evaluation for PTSD remains pending and requires further development.

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

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected Degenerative Joint Disease (DJD) of the lumbosacral spine is being remanded due to a lack of recent VA treatment records and the need for further examination.

The Veteran's back disability is granted with a 20% rating prior to December 3, 2018. The issue of a higher rating for the back disability remains pending. Service connection for multiple myeloma is remanded due to lack of evidence on exposure basis.

The Board has reopened the claims for service connection for right knee disability and left knee disability, but denied the claim for lumbar spine disability due to lack of evidence linking the current condition to service.

The Veteran's claims for service connection for a head injury and a lumbar spine disability have been dismissed due to the death of the Veteran.

The Board denied service connection for bilateral heel spurs, traumatic brain injury (TBI), and bilateral knee disabilities. The Veteran's claim for bilateral shin splints was not addressed as it is separate from the main issues.,Service connection for a lumbar spine disability was also denied.