Back / lumbar spine decisions — 2019

The Board has denied the Veteran's claims for service connection for headaches and a lumbar spine disorder, finding that there is no evidence of chronic conditions in service or within presumptive periods, and that any current diagnoses are not related to service.

The Board has granted service connection for degenerative disc disease with L5-S1 herniation and left lower extremity lumbar radiculopathy, finding that the Veteran's current conditions are related to his military service.

The Veteran's appeal to have an effective date earlier than April 15, 2014 for the grant of service connection for lumbar strain has been withdrawn by the appellant.

The Veteran's claims for service connection for bilateral hearing loss, cervical spine disorder, lumbar spine disorder, and tinnitus have been reopened. The Board found new evidence that supports the claim of tinnitus having onset during active service and is related to a service-connected TBI.

The Board has determined that the Veteran's current back disability is not related to his active service, and thus denied his claim for service connection.,There is no evidence of hypertension during or within one year after the Veteran's separation from active service. The VA examiner opined that it is less likely than not caused by an in-service fall from a tank.

The Veteran's claim for service connection for a back disorder was reopened due to the submission of new and material evidence. However, his claim was denied as there is no causal relationship between his current back disorder and active duty service.

The Veteran's claims for service connection for low and middle back disability, right knee patellofemoral syndrome with strain, and left knee patellofemoral syndrome with strain have been remanded due to the need for further development.,An effective date earlier than September 19, 2016, for the award of service connection for right knee patellofemoral syndrome with strain is denied.

The Veteran's claim for an increased rating in excess of 10 percent for sciatic nerve entrapment of the left lower extremity associated with thoracolumbar degenerative joint disease was denied.,The Veteran's claim for an effective date earlier than May 6, 2013 for service connection for sciatic nerve entrapment of the left lower extremity was also denied.

The Veteran's claim for a higher rating for right knee degenerative arthritis prior to November 30, 2017 was denied as the evidence did not show flexion limited to 45 degrees or less, or by extension limited to 10 degrees or more.,The Veteran's claim for a higher rating for lumbar intervertebral disc syndrome with degenerative arthritis prior to July 6, 2018 and since October 1, 2018 was denied as the evidence did not show flexion limited to 45 degrees or less, or by extension limited to 10 degrees or more.

The Board has remanded the claims for service connection and evaluation of various disabilities, including a lumbar spine disability, bilateral foot disabilities other than neuropathy, bilateral peripheral neuropathy of the feet, degenerative arthritis of the right knee, and entitlement to TDIU. The issues are inextricably intertwined.

The Board dismissed the claim for service connection of degenerative changes of the lumbar spine due to withdrawal by the Veteran. The other claims related to left knee replacement are remanded.

Service connection for a lumbar spine herniated disc disability is granted. The appeal seeking service connection for left Achilles tendonitis is dismissed. From April 21, 2010, a total disability rating based on individual unemployability (TDIU) is granted. Issues related to increased ratings and secondary service connection are remanded.

The Board has remanded the case due to inadequate medical information in determining a rating for low back strain with DDD prior to April 18, 2017. A retrospective opinion is needed from an appropriate VA examiner.

The Board has determined that the Veteran's current lower back disability is not related to his service, and therefore denied his claim for service connection.

The Board has found that additional development of the Veteran's claims for higher staged initial ratings for tinea versicolor, service connection for low back disability and neurological disabilities is necessary due to outstanding service treatment records. The RO must obtain all relevant VA treatment records and provide the record on appeal to a VA dermatologist or another appropriate examiner.

The Veteran's initial ratings for low back disability and insomnia with depression (formerly) were denied.,For the period from June 19, 2015 through July 9, 2017, the Veteran’s service-connected low back disorder was rated at 10 percent.

The Veteran's claims for service connection are remanded due to the need for additional development, including obtaining VA treatment records and examinations.

The Veteran's appeal for a higher evaluation for spondylolisthesis of the lumbar spine has been dismissed due to his death.

The Veteran's claims for service connection for various conditions, including back disability, right and left hip disabilities, tinnitus, sleep apnea, hypertension, diabetes mellitus, anxiety disorder, and depressive disorder are denied. The Board found no new and material evidence to reopen the claim for a back disability. Service connection is granted for tinnitus as related to service-connected PTSD. Service connection is also granted for sleep apnea as caused by service-connected PTSD. Other conditions remain denied.

The Board has determined that additional evidence is needed to substantiate the Veteran's claims for service connection for various conditions, including a lumbar spine condition, bilateral knee condition, left ankle condition, right ankle condition, decreased visual acuity, lower extremity vascular condition, and anxiety disorder. The RO must attempt to obtain relevant VA treatment records from Columbia, Missouri and Leavenworth VAMC, clarify the transportation arrangements with the correctional facility, and schedule an audiological examination for the Veteran.