Back / lumbar spine decisions — 2019

The Board has granted service connection for a low back disability and remanded the issues of entitlement to service connection for a right hip disability and a compensable evaluation for pseudofolliculitis barbae.

The Board has granted reopening of the previously denied claims for service connection for tinnitus and a lumbar spine disorder. Service connection is also granted for tinnitus, but denied for heart disorder, headache disorder, residuals of head injury, right leg disorder (excluding sciatica), obstructive sleep apnea, and acquired psychiatric disorder.

The Board has granted service connection for degenerative disc disease of the lumbar spine effective September 5, 1953, which is the day after the Veteran's separation from active duty. This decision was based on a finding of clear and unmistakable error (CUE) in the December 1954 rating decision that denied service connection for a back disorder.

The Board has remanded the cases of service connection for a left hand disability and a lumbar spine disability due to incomplete development, need for an examination, and need for clarification on etiology.

The Board denied service connection for a low back disorder, finding that the Veteran's current disability was not incurred in or related to his military service.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for reactive airway disease. The issue of whether new and material evidence has been received to reopen the claim for service connection for low back disorder is also remanded due to incomplete records.

The Board has denied service connection for bilateral eye condition, back disability, and left hand finger condition as the evidence does not establish a link to active military service.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and right knee degenerative joint disease were denied. The Veteran was granted a separate rating of 10% for his right knee degenerative joint disease as of July 27, 2012.

The Board has determined that the Veteran does not have a current diagnosis of bilateral hearing loss for VA purposes. The claims for service connection for eye disorders, respiratory disorders, lumbar spine disorder, and joint problems are remanded due to incomplete medical opinions.

The Board dismissed all appeals related to service connection and rating determinations for various conditions, including low back disability, posttraumatic stress disorder, left hip condition, scars of the right and left knees and right shoulder, major depression, and lateral instability of the right knee. The effective dates were not addressed in this decision.

The Veteran's claim for a higher initial rating for his lumbar spine disability is being remanded due to the need for additional examination and consideration of flare-ups.

The Board has remanded the Veteran's claims of service connection for cervical spine, lumbar spine, right knee, left shoulder, and right shoulder disabilities due to outstanding medical records and worker’s compensation records.

The Veteran's right ankle disorder was rated at 10 percent prior to February 12, 2015 and increased to 20 percent from May 1, 2015. The lumbosacral strain was initially rated at 20 percent prior to September 20, 2018 and increased to 40 percent thereafter.,The Veteran's appeal for higher ratings for his right ankle disorder and lumbosacral strain has been denied.

The Board has remanded the Veteran's claims for service connection for diabetes mellitus, increased ratings for lumbosacral strain with degenerative joint disease (DJD) and hypertension, and a TDIU claim due to inadequate examinations and missing personnel records.

The Veteran's claim for service connection for a left hip disorder was reopened, and he is now rated at 40 percent for lumbar spine arthritis with DDD and IVDS from June 11, 2014 to September 4, 2018. He also received separate ratings for right and left lower extremity radiculopathy of both the femoral and sciatic nerves.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board has remanded the case for additional development due to lack of evidence meeting the criteria for a higher rating.

The Board has remanded the cases of tinnitus, right shoulder disability, neck disability, back disability, and right knee disability for further development as no VA examiner has provided an opinion on their relationship to service.

The Veteran's lumbar spine disability was evaluated at a 10% rating prior to February 28, 2019. The Board found the evidence did not support an increase in evaluation beyond this level.

The Veteran's PTSD is granted as it is at least as likely as not related to his service.,The Veteran's degenerative joint disease of the lumbar spine with HNP at L5-S1 is granted as it first manifested in service.,The Veteran's prostate condition and hypertension are remanded for further review due to potential herbicide exposure during service.,

The Veteran's left hip disability was rated at 10 percent from June 15, 2012 to December 26, 2017 for limitation of flexion and adduction. From February 1, 2019 onwards, a 50 percent rating was granted for total hip replacement. The Veteran's low back disability was denied an initial rating in excess of 20 percent.