Back / lumbar spine decisions — 2019

Service connection for right lower extremity radicular pain is granted as secondary to service-connected low back disability. A rating in excess of 40 percent for the service-connected low back disability is denied, and a separate compensable evaluation for left lower extremity radiculopathy of the sciatic nerve and femoral nerve is granted.

The Board has determined that the Veteran's claims for sleep apnea, cervical spine degenerative joint and disc disease, lumbar spine degenerative joint and disc disease, bilateral pterygium, and truncal dermatitis and onychomycosis of the bilateral great toe nails require additional development due to the need for a VA examination.

The Board has determined that the Veteran's claims for service connection and TDIU must be remanded due to the need for additional development. Specifically, VA treatment records from December 2018 onwards are needed, as well as medical opinions regarding the etiology of her left knee disability, cervical spine disability, sleep disorder, and whether her sleep disorder is aggravated by her service-connected bipolar disorder.

The Veteran's service-connected obstructive sleep apnea is granted. The Veteran's maxillary/ethmoid sinusitis with left nasal deformity, status post rhinoplasty, is granted a maximum schedular rating of 50 percent. The Veteran's herniated nucleus pulposus of the lumbar spine L5-S1, status post lumbar laminotomy and diskectomy, with degenerative joint disease and invertebral disc syndrome, is denied any increase beyond the current 40 percent rating. The Veteran's radiculopathy of the right lower extremity is also denied any increase beyond the current 20 percent rating. The Veteran's contact dermatitis of the feet and HPV are both denied initial compensable ratings.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is proximately due to or the result of his service-connected disabilities. The decision also reopened the Veteran's previously denied claim.

The Veteran's lumbar spine disability is rated at 40 percent, effective October 3, 2016. Service connection for left and right lower extremity radiculopathy is granted.

The Board has determined that additional examinations are needed for the Veteran's lumbar spine disorder and radiculopathies of the bilateral lower extremities, as well as a decision on his TDIU claim. The appeals will be remanded to allow for these evaluations.

The Board denied the Veteran's claims of service connection for back disability, headaches, bilateral foot disability (numbness), tinnitus, hypertension, and mental health disorder. The decision found that new and material evidence was not received to reopen any of these claims.

The Board has remanded the Veteran's claims for low back disorder, bilateral eye disorder, head injury residuals, headaches, and acquired psychiatric disorder (Posttraumatic Stress Disorder) due to a lack of medical opinion regarding the relationship between service and these conditions. The issues are inextricably intertwined with the issue of entitlement to service connection for a head injury.

The Veteran's PTSD symptoms result in occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood.,The Veteran is unable to find and follow substantially gainful employment due to his service-connected disabilities.

The Board denied service connection for a left shoulder condition, lower back condition, and bilateral hearing loss. The evidence did not show that these conditions were related to the Veteran's military service.,There is no presumption of service connection due to exposure to hazardous noise or other presumptive conditions.

The Veteran's claims for an effective date earlier than April 25, 2017 and a higher initial rating for his lumbar spine disability were denied. The case is remanded for further development.

The Board has denied service connection for cervical and lumbar spine disabilities, finding that the conditions are not related to service.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including increases in ratings for various conditions and a rating for a posterior neck scar. The claims are being remanded due to the need for additional development of medical evidence.

The Board has remanded several issues related to service connection for various disabilities, including left shoulder, right shoulder, lumbar spine, cervical spine, right knee, and right foot disabilities. Diabetes mellitus is also being remanded.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment for the periods of October 17, 2012 to May 7, 2013; August 1, 2013 to October 22, 2013; and February 1, 2014 to April 27, 2015. As a result, TDIU was granted for these periods.

The Board has decided to remand the case due to the need for a VA examination and additional medical records. The Veteran's lower back disorder is being reviewed, along with whether it is related to his service-connected knee disability.

The Board has dismissed the appeals for service connection of various conditions due to the Veteran's death.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for bilateral hearing loss. The appeal as to all other issues is being remanded due to the need for additional development.

The Board has determined that the Veteran's current low back disorder is not related to service and thus denied his claim for service connection. The left knee disorder issue remains pending and will be remanded.