Back / lumbar spine decisions — 2019

The Veteran's claims for service connection for right and left shoulder disorders, right knee disorder, left knee disorder, cervical spine disorder, bilateral renal cysts, prostatitis/benign prostatic hypertrophy with hematuria (BPH) have all been denied as the evidence does not support a finding of in-service onset or direct causation.

The Board denied service connection for degenerative disc disease of the lumbar spine, hypertension to include as secondary to cardiomyopathy, and diabetes mellitus to include as secondary to cardiomyopathy.,There is no direct evidence linking these conditions to active service. The Veteran's STRs do not show any instances of treatment or diagnosis related to these conditions during his military service. The Board found that the preponderance of the evidence did not support a finding that these conditions are related to service.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was insufficient evidence to show that his current back condition had its onset in service or is proximately due to or aggravated by his service-connected traumatic neuropathy.

The Board has decided that the Veteran's low back disability may be related to his military service and remands the case for further development.

The Board found no evidence of a low back disability during service or within one year after separation, and concluded that the Veteran's current low back condition is not related to his military service.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations and medical opinions.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's current low back disability and his service. The case will be reviewed again with a new examination.

The Board denied service connection for bilateral shoulder, knee, lumbar spine, and cervical spine disabilities due to a lack of evidence linking these conditions to service. The Veteran's representative did not respond to the RO’s request for additional information.,Service connection was also denied for TBI and chronic headache disability as there is no objective evidence supporting their existence or causation in service.

The Veteran's claims for service connection for various conditions, including major depressive disorder with anxiety features, bilateral shoulder, hand, and knee conditions, neck condition, back condition, sleep condition, and gastrointestinal condition are all denied. The Board found no current diagnoses or evidence of these conditions during the pendency of the claim.

The Veteran's spine and neurological disabilities are being remanded for further examination to assess their current severity.

The Veteran's sleep apnea is granted as secondary to his service-connected left shoulder disability and depressive disorder. The lumbar spine, bilateral hip, and bilateral knee disabilities are denied due to lack of evidence linking them to service.

The Veteran's initial claim for a higher rating for his lumbosacral strain and facet degenerative joint disease was denied, with the exception of a temporary grant of a 10 percent disability rating from April 11, 2016 to October 17, 2018. The Veteran's bilateral pes planus and plantar fasciitis were granted a 10 percent initial disability rating.,The Veteran's lumbosacral strain and facet degenerative joint disease was denied for ratings in excess of the currently assigned 40 percent prior to October 17, 2018. The Veteran's bilateral pes planus and plantar fasciitis were granted a 10 percent initial disability rating.

The Board has remanded the claims of service connection for bilateral hearing loss, hypertension, and a back disorder due to incomplete development and lack of compliance with prior remand directives.

The application to reopen the claim for back condition (previously claimed as aching in legs and back) is denied.,The application to reopen the claim for hysterectomy with scars is granted. The Veteran's service-connected chronic PTSD symptoms have more nearly approximated total occupational and social impairment, warranting a 100% rating.

The Board has determined that additional evidence is needed to determine if the Veteran has a current low back disability, right knee or lower extremity disability, left knee or lower extremity disability, and bilateral foot pes planus. The Veteran's service records do not provide sufficient information for these determinations.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment during the period of October 28, 2009 to February 4, 2013. The Board denied his claim for TDIU as he was employed full-time throughout this period.

The Veteran's appeal is remanded for additional examinations and records to determine the current severity of his service-connected disabilities, including left shoulder dislocation, right knee osteoarthritis, lumbar spine degenerative disc and joint disease, and erectile dysfunction.

The Veteran's lumbar strain and degenerative disc disease with muscle spasms are currently rated at 20 percent, but no higher. The Board has determined that the criteria for a 20 percent rating have been met.

The Veteran's appeal for service connection on multiple disabilities remains pending and requires further development. The Board has ordered additional examinations to address the etiology of his claimed conditions, as well as to determine if there are any new or material issues that need to be addressed.