Back / lumbar spine decisions — 2019

The claim for service connection for tinnitus has been reopened and granted. The low back disability rating was restored to 40%. Service connection for the cause of death is denied.

The Veteran's claim for a TDIU is being remanded due to the pending nature of his other service-connected disability claims. The Board finds that his TDIU claim is inextricably intertwined with his other claims.

The Board denied the Veteran's claims for service connection for upper back disability, sleep apnea, chronic fatigue, and residuals of Guillain-Barre Syndrome. The Board found no current disabilities in these areas.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has determined that the Veteran's current low back condition is at least as likely as not related to his in-service injury, and thus service connection for this condition is granted.

The Board has ordered a new examination to determine the severity of the Veteran's service-connected lumbar spine disorder and assess any additional functional impairment due to weakened movement, excess fatigability, or incoordination. The case is being remanded for these actions.

The Veteran's low back disability, right lower extremity radiculopathy, and bilateral hearing loss are currently rated as 10 percent each. The Board denied increased ratings for these conditions.,Service connection for a traumatic brain injury (TBI), migraine headaches secondary to TBI, and an acquired psychiatric disorder secondary to TBI was not granted.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection, including STRs and private treatment records. The issues of service connection for various conditions are being remanded.

The Veteran's application to reopen the claim for service connection for a lumbosacral strain has been granted. The Board has remanded all other issues on appeal due to the need for additional development, including obtaining private treatment records and scheduling VA examinations.

The Board has granted service connection for residuals of a right-hand injury, residuals of right hip injury, and residuals of thoracolumbar spine disability. The claimant's right leg radiculopathy is also found to be secondary to his thoracolumbar spine disability.

The Veteran's claims for service connection of various disabilities, including right arm, left arm, right leg, and left leg disabilities, as well as a heart disability and respiratory disability (secondary to service-connected conditions), have been denied. The Board found no evidence of current diagnoses or in-service incurrence/aggravation of these conditions.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient evidence of record regarding his right knee and right leg disorders. The earlier effective date claim is dismissed as the Veteran withdrew it during the hearing.

The Veteran's claim for an increased rating for his lumbar spinal stenosis with degenerative arthritis prior to August 10, 2017 was denied.,The Veteran's claim for an increased rating for his lumbar spinal stenosis with degenerative arthritis from August 10, 2017 was also denied.

The Veteran's claims for service connection were denied as there was no evidence of current disabilities or a link to military service, including Agent Orange exposure.

The Veteran's claims for increased evaluation of lumbosacral strain with intervertebral disc syndrome, spinal stenosis, spondylitis and facet arthroplasty evaluated at 20 percent disabling, service connection for PTSD, service connection for radiculopathy of the sciatic and femoral nerves of the right lower extremity, and service connection for radiculopathy of the sciatic and femoral nerves of the left lower extremity are all denied as there is no evidence showing that a formal or informal claim was received prior to March 29, 2017.,The Veteran's claims for increased evaluation of lumbosacral strain with intervertebral disc syndrome, spinal stenosis, spondylitis and facet arthroplasty evaluated at 20 percent disabling, service connection for PTSD, service connection for radiculopathy of the sciatic and femoral nerves of the right lower extremity, and service connection for radiculopathy of the sciatic and femoral nerves of the left lower extremity are all denied as there is no evidence showing that a formal or informal claim was received prior to March 29, 2017.,The Veteran's claims for increased evaluation of lumbosacral strain with intervertebral disc syndrome, spinal stenosis, spondylitis and facet arthroplasty evaluated at 20 percent disabling, service connection for PTSD, service connection for radiculopathy of the sciatic and femoral nerves of the right lower extremity, and service connection for radiculopathy of the sciatic and femoral nerves of the left lower extremity are all denied as there is no evidence showing that a formal or informal claim was received prior to March 29, 2017.,The Veteran's claims for increased evaluation of lumbosacral strain with intervertebral disc syndrome, spinal stenosis, spondylitis and facet arthroplasty evaluated at 20 percent disabling, service connection for PTSD, service connection for radiculopathy of the sciatic and femoral nerves of the right lower extremity, and service connection for radiculopathy of the sciatic and femoral nerves of the left lower extremity are all denied as there is no evidence showing that a formal or informal claim was received prior to March 29, 2017.

The Board has reopened the Veteran's claims for service connection for low back and left shoulder disorders, but has remanded them for further development.

The Veteran requested to withdraw his appeal regarding the reduction of his chronic low back strain disability rating from 20% to 10%, effective September 1, 2014. The Board dismissed the appeal as a result.

Your claims for service connection for lumbar spine and right hip disabilities have already been granted in full, so there are no remaining issues to appeal.

The Board has decided that the Veteran's claim of service connection for a low back disability should be remanded due to conflicting opinions and missing records.

The Veteran's appeals for higher ratings on his lumbosacral strain, cervical spine, and knee conditions have been dismissed due to his withdrawal of the appeal.