Back / lumbar spine decisions — 2019

The Veteran's service-connected disabilities, including PTSD and physical impairments, have prevented him from securing or following substantially gainful employment. The Board has granted TDIU benefits.

The Veteran's claims for service connection for a left ankle disability and back disability, both secondary to his service-connected left knee disability, have been granted.,However, the Veteran's claim for leg length discrepancy remains pending as it has not been adequately addressed by VA.

The Veteran's claim for increased ratings for thoracolumbar spine spondylosis and degenerative disc disease was denied due to his failure to report for a necessary VA examination.

The Veteran's appeals of the ratings assigned for his service-connected left and right knee disabilities have been dismissed due to their withdrawal by the Veteran.

The Board has remanded the claims for reopening and service connection due to new evidence received since the last denial. The low back condition claim is reopened, but further examination and opinion are needed.

The Board has granted service connection for cervical spine degenerative disc disease (DDD) with spondylosis, finding that the Veteran's current diagnoses are related to his military service and resolving all doubt in his favor.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for degenerative joint disease of the lumbar spine and for TDIU due to inadequate examinations used by the previous decision.

The Veteran's lower back condition was restored to a 60 percent rating effective from June 1, 2015. The Veteran also received an award of TDIU.

The Veteran's claims for service connection have been reopened, but the Board has remanded both issues due to insufficient evidence regarding the etiology of his lower back and nerve disorders.

The Board has reopened the claim for service connection for a low back disability due to new and material evidence. The claims of service connection for right testicular, cervical spine, right ankle, and right leg muscle atrophy disabilities are remanded for additional development.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder, including depression and PTSD, and a low back disorder. The case is being remanded to schedule the Veteran for additional VA examinations.

The Veteran's DJD of the cervical spine and spondylosis of the lumbar spine are granted as service-connected.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied as she is already receiving the maximum schedular disability rating for this condition.,The Veteran's claim for an initial rating in excess of 10 percent for lumbar strain with scoliosis is denied due to lack of evidence showing a current disability.

The Board has remanded the cases for additional development to determine if any of the Veteran's current disorders are related to service. The issues include herniated disc and degenerative disc disease of the lumbar spine, cataracts in both eyes, a disorder of the ring finger on the right hand, left knee disorder, right knee disorder, tinnitus, sleep disorder, and an acquired psychiatric disorder.

The Board denied increased ratings for the Veteran's lumbar spine disability and radiculopathy of both lower extremities, finding that the evidence did not support higher ratings based on functional loss due to pain or other factors.

The Board has remanded the case due to new evidence associated with the record, including VA treatment records from June 2019. The Veteran is required to be scheduled for a VA examination to assess his current cervical spine disability.

The Veteran's lumbosacral spine degenerative disc disease (DDD) was previously rated at 20 percent prior to November 1, 2011. The Board has remanded the issue for further review.,Right lower extremity radiculopathy was previously rated at 40 percent effective July 14, 2017. The Board has remanded this issue for further review.,Left lower extremity radiculopathy was previously rated at 40 percent effective December 24, 2014. The Board has remanded this issue for further review.

The Board has determined that new and material evidence was not received to reopen claims for PTSD, diabetes mellitus, type II, asbestosis, bronchitis, and lumbosacral strain. However, the claim for service connection of PTSD is reopened due to newly submitted evidence.

The Board has determined that the Veteran's claims for service connection, increased rating, and TDIU are remanded due to inadequate opinions in the prior VA examinations and hearing testimony not being considered.

The Board denied the Veteran's claims for service connection for his lumbar spine disability, left lower extremity disability, and right lower extremity disability. The Board found that there was no direct evidence linking these disabilities to service or any presumptive conditions.