Back / lumbar spine decisions — 2019

The Veteran's sleep apnea and left leg disability are not service-connected.,The Veteran's back, right knee, and left knee disabilities are not service-connected.,Bilateral hearing loss is service-connected, but the right foot disability remains unaddressed due to a duty-to-assist error.,Tinnitus is service-connected.

The Board has vacated the previous decision and remanded the case due to an oversight in the action required regarding the matter. The Veteran's current low back disability is at least as likely as not related to her service, but a supplemental medical opinion is needed.

The Veteran's appeal is remanded for additional examinations and opinions to determine the severity of his service-connected disabilities, including a bilateral foot condition, right knee disability, degenerative disc disease of the lumbar spine, and left lower extremity radiculopathy. The issues related to tinnitus have been addressed in this decision.

The Veteran's lumbar spine DJD rating was reduced from 40% to 20%, effective December 3, 2013. The Board found that the reduction was improper and restored the 40% rating as of December 3, 2013.

The Board has remanded several issues related to the Veteran's service-connected dorso-lumbar spine disability and PTSD. The main issues are a higher initial rating for the spinal condition, an increased rating for PTSD, and clarification of the effective date for the 70 percent rating.

The Veteran's lumbar spine disability, variously diagnosed as degenerative disc disease and intervertebral disc syndrome, is granted service connection. His cervical spine DDD is denied due to lack of chronicity within the presumptive period. OSA is granted service connection based on aggravation by PTSD. ED secondary to PTSD is remanded.

The application to reopen the claim for service connection for a low back disability is granted, and entitlement to service connection for a low back disability is also granted. The issue of service connection for an acquired psychiatric disability including PTSD is remanded.

The Board denied service connection for a lumbar spine disability and a right ankle disability, finding that the evidence did not support a nexus between these conditions and active service.

The Board has remanded the cases for additional examinations and evaluations due to inadequate previous examinations, particularly regarding the severity of the Veteran's low back strain and left lower extremity disability.

The Board has dismissed the Veteran's claims for service connection and higher ratings for various conditions, including an acquired psychiatric disorder, bilateral hearing loss, sleep apnea, cyst in pancreas, right and left Achilles tendonitis, hemorrhoids, residuals of a cholecystectomy, cataracts and glaucoma, chronic kidney disease with hypertension, and coronary artery disease. The Veteran's claim for service connection for bilateral knee arthritis has been reopened.

The Veteran's left elbow disability is granted service connection. The back disability remains at a 40% rating, but the issue of loss of bladder control secondary to the back disability is denied. TDIU was granted for the period prior to July 15, 2014 (excluding May 30, 2014 through June 30, 2014).

The Board has remanded the Veteran's claims for left knee, right knee, and thoracolumbar spine disabilities due to additional relevant evidence being received after the last AOJ adjudication.

The Veteran's claim for a toe disorder is denied as there is no current disability.,Service connection for bilateral eye disorder characterized as myopia and astigmatism was previously denied in March 2012, and the claim cannot be reopened due to lack of new and material evidence.,The effective date for service connection for PTSD is denied because VA did not receive a formal or informal claim within one year after separation from service. The claim was received on March 4, 2016.,The effective date for service connection for left knee patellofemoral pain syndrome is denied as the Veteran did not submit a formal or informal claim prior to March 4, 2016.,Service connection for lumbosacral strain was previously denied in March 2012 and cannot be reopened due to lack of new and material evidence.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's lumbar, cervical, bilateral thumb, and left little finger disabilities. The issues are being remanded for further examination and opinion.

The Veteran's claims for service connection for right shoulder and lumbar spine disabilities have been denied as the evidence does not support a finding that these conditions began during or are otherwise related to his military service.

The Board has granted service connection for a lumbar spine disability and radiculopathy of the lower extremities, finding that these conditions are related to service. The decision is based on evidence showing current disabilities and in-service injuries or complaints.

The Board denied service connection for lumbosacral degenerative disc disease, finding that the condition existed prior to service and was not aggravated by service.

The Veteran's claims for increased ratings for lumbar strain and major depressive disorder were denied as his conditions did not meet the criteria for higher disability ratings.

The Veteran's appeal is remanded for additional development, including obtaining Social Security Administration records and addressing the issues of increased rating for osteoarthrosis of the right hip and service connection for degenerative arthritis of the lumbar spine, left hip trochanteric pain syndrome, anxiety, bilateral hearing loss, and tinnitus.

The Veteran's service-connected disabilities do not preclude him from securing and following gainful employment consistent with his educational and occupational experience.