Back / lumbar spine decisions — 2019

The Veteran's claim for service connection for a cervical strain disability (claimed as residuals of a neck injury) is denied because there is no evidence of a chronic condition during or immediately after active service, and the VA examiner found it less likely than not that the current cervical strain disability was caused by his military service.,The Veteran's claim for an increased rating for lumbar disc disease disability is denied as there is no evidence showing any incapacitating episodes in the past 12 months.

The Board has remanded the case due to incomplete medical records and instructed VA to attempt to obtain post-service treatment records from identified providers.

The Veteran's lumbar spine and lumbosacral neuritis/radiculopathy disabilities are granted as secondary to her service-connected left knee arthritis.,Her bipolar disorder is granted based on evidence showing it had its onset during service, with symptoms continuing since then.,Her sleep apnea is granted as secondary to her service-connected bipolar disorder.

The Board has reopened the claims of service connection for lumbar degenerative disk disease and depression due to new and material evidence. The claim is granted as there is current disability, in-service incurrence, and a nexus between the disabilities.

The Board denied separate disability ratings for radiculopathy of the right and left lower extremities, finding no evidence of a neurological condition stemming from the service-connected lumbar spine disorder.,Separate disability ratings were not granted as there is no objective medical evidence supporting the Veteran's claims.

The Veteran's claim for right ear hearing loss has been reopened, with a current rating of 10%.,The Veteran's claim for a back disorder (IVDS) has also been reopened, with a current rating of 10%.

The Veteran's service-connected right shoulder and back disabilities have been denied as there is no current evidence of these conditions.,Service connection for bronchitis has also been denied, with the presumption being that it began in or around 1966 to 1968.

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

The Board has remanded the claims for an initial rating in excess of 30 percent for depressive disorder and entitlement to special monthly compensation (SMC) based on aid and attendance and/or housebound status due to the need for a new VA examination to assess cognitive impairment and the Veteran's service-connected disabilities.

The Veteran's initial schedular rating for tinnitus is denied as it is the highest available.,An extraschedular rating for tinnitus is also denied due to the maximum schedular rating being assigned.,Service connection for hearing loss is not granted because the Veteran does not have hearing impairment for VA purposes.,Effective from November 8, 2012, a 40 percent rating for lumbosacral DDD is granted. The Veteran's radiculopathy of the right lower extremity is rated at 20 percent.

The Veteran's claim for increased disability rating in excess of 10 percent for the service-connected thoracolumbar spine strain is granted, subject to the rules and regulations governing the payment of VA monetary benefits. The claims for service connection for various conditions are denied.

The Board has granted service connection for lumbar and cervical disabilities, finding that the Veteran's current conditions are related to his active duty service. The decision also grants new and material evidence petitions for both disabilities.

The Board has decided to remand the case for further examination and opinion regarding the nature, etiology, and relationship of the appellant's back disorder to his active duty service.

The Veteran's back disability was granted an initial 10% evaluation prior to October 19, 2017 and a 40% evaluation thereafter. The right knee and left knee disabilities were each granted a 10% evaluation for the entire appeal period. Service connection for an acquired psychiatric disorder is remanded.

The Board has granted secondary service connection for sleep apnea, restless leg syndrome, hypertension, and erectile dysfunction due to the Veteran's service-connected PTSD. Service connection for a low back disability is denied.

The Board has remanded several issues related to the Veteran's service connection claims due to the need for additional records from the Social Security Administration (SSA).

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a current diagnosis of sleep apnea, and her lumbar spine disability was rated based on limitation of motion rather than IVDS. Her skin disability met criteria for a 10% rating since May 30, 2018. PTSD symptoms did not meet criteria for TDIU, but the Veteran's service-connected disabilities precluded her from securing and following substantially gainful employment.

The Board has determined that additional medical records are needed to properly adjudicate the Veteran's claims, including VA treatment records from prior to February 2013 and April 2018, as well as any SSA disability records and Walter Reed Army Medical Center records related to his heart failure. The Veteran will also be afforded a VA examination for his hypertension claim.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development.

The Board has decided that a VA examination is needed to determine if the Veteran's back disability is related to his military service, including an in-service injury. The case will be remanded for this purpose.