Back / lumbar spine decisions — 2019

The Board has reopened the Veteran's claims for service connection for PTSD and degenerative arthritis of the lumbar spine. The case is remanded to obtain a VA examination to determine if these conditions are related to service.

The Veteran's back disability is currently rated as 40 percent disabling, but the appeal for a higher rating remains denied.,The Veteran's left ankle disability and left lower extremity radiculopathy are both rated appropriately based on their current severity.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's low back disability is related to his service or if it is secondary to his service-connected bilateral pes planus.

The Veteran's claim for higher ratings for his thoracolumbar spine disability is being remanded due to the need for further development.

The Veteran's tinnitus is not service-connected as it did not begin during active service or is otherwise related to an in-service injury, event, or disease.,The Veteran’s bilateral pes planus does not warrant a compensable rating as her symptoms are relieved by orthotic inserts.

The Board has denied service connection for all claimed conditions as the Veteran does not have a current disability related to such during the pendency of his claim.

The Veteran's service-connected disabilities are reasonably shown to be of such nature and severity as to prevent him from maintaining substantially gainful employment, thus meeting the criteria for a TDIU rating.

The Board has remanded the Veteran's claims for lumbar spine and cervical spine disabilities due to incomplete medical records and need for additional examinations.

The Veteran's initial ratings for Degenerative Disc Disease (DDD) of the cervical and lumbar spine have been granted from December 27, 2015. The effective dates are based on the day after separation from service.

The Board denied the Veteran's claims for service connection for right knee osteoarthritis, left knee osteoarthritis, and a low back disorder. The evidence did not support a finding that these conditions began during active service or were related to an in-service injury or disease.

The Veteran's lumbar spine condition is rated at 40 percent, effective October 20, 2014. His left and right lower extremity radiculopathy are each rated at 20 percent, also effective October 20, 2014. The Veteran's TDIU claim prior to this date remains denied.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability was denied. The RO found that the disability did not meet criteria for a rating greater than 20 percent prior to April 13, 2018 and did not meet criteria for a rating greater than 40 percent since April 13, 2018.

The Veteran's lung disability is denied as there was no evidence of a chronic condition in service or otherwise shown to be associated with his active service, including asbestos exposure.,The Veteran's residuals of TBI are denied as the preponderance of the evidence does not support a finding that he has current residuals from an in-service motorcycle accident.,The Veteran's back disability is denied as there was no evidence of a chronic condition in service or otherwise shown to be related to his active service.,The Veteran's right upper extremity, neck, and bilateral lower extremities disabilities are denied as the preponderance of the evidence does not support a finding that they began during active service or were otherwise related to an in-service injury or disease.

The Veteran's degenerative disc disease of the spine is now rated at 40 percent, effective February 5, 2016. This rating reflects significant limitation in forward flexion.

The Board has remanded the case for further development regarding the Veteran's claims of a right knee disability, head injury residuals (including TBI), and back disability (scoliosis).,The VA examiner’s rationale was inadequate to adjudicate the Veteran's claims. The Veteran must be afforded another VA examination to determine whether his current conditions are related to service.

The Veteran's claim for a disability rating of 20 percent for dry eye with allergic component OU (bilateral) is granted. Service connection for tinnitus is also granted, but the claims for lumbar spine condition, cervical spine condition, and right hand condition are remanded.

The Veteran's lumbar spine, cervical spine, bilateral hearing loss, and tinnitus disabilities are not service-connected.,Service connection was denied for all conditions due to lack of evidence showing a link between the current disabilities and service.

The Board has determined that the Veteran's service connection claims for various disabilities, including headaches, low back disability, knee and shin disabilities, stomach/digestive issues, radiculopathy, and a psychiatric condition are remanded due to insufficient medical evidence on file. The Veteran is presumed sound upon entry into service.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and denied his requests for increased ratings for lumbar strain with muscle spasm and soft tissue injury, right lower extremity radiculopathy, and left lower extremity radiculopathy. The effective date for separate ratings of 20% for right lower extremity radiculopathy and 10% for left lower extremity radiculopathy was set at August 21, 2015.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a lumbar spine disability, chest disability, left lower extremity sciatic nerve disability, and bilateral knee disability. The appeals are remanded due to the need for further development and examination.