Back / lumbar spine decisions — 2019

The Board has granted service connection for neck disability, back disability, and tinnitus. Service connection is also granted for hemorrhoids and hernia but the issues of entitlement to service connection for these conditions are remanded.

The reduction in rating for bilateral hearing loss was restored, effective December 1, 2017. SMC based on deafness in both ears is also restored.,The rating for lumbar strain prior to August 24, 2018, needs to be reviewed and may need an additional VA examination.

The Board has determined that the Veteran's right ear hearing loss disability is of service origin and grants entitlement to service connection for this condition. The remaining issues are remanded due to inadequate medical opinions in previous examinations.

The Veteran's petition to reopen his previously denied claim for service connection of a low back disability is granted. The Board also remanded the case due to the need for additional evidence and an addendum opinion from the June 2015 VA examiner.

A rating in excess of 10 percent for lumbar spondylosis is denied.,A rating of 20 percent, but no higher, for left lower radiculopathy is granted, subject to the laws and regulations governing the payment of monetary benefits.,A rating of 20 percent, but no higher, for right lower radiculopathy is granted, subject to the laws and regulations governing the payment of monetary benefits.

The Board dismissed the claim for service connection of cervical spine degenerative disc disease. The Veteran's claim for bilateral premature ovarian failure was granted.

The Board has decided to remand the case due to inadequate opinion regarding the nature and etiology of the Veteran's low back disability, including central disc herniation. The claim will be readjudicated after a new VA examination is conducted.

The Veteran's appeal for a higher rating for low back disability was dismissed as the Veteran withdrew his appeal.,The reductions of the Veteran’s ratings for radiculopathy of the left and right lower extremities were found to be improper due to lack of full and complete examination.

The Veteran's back disability, left knee disability, right ankle disability, pes planus, and glaucoma were all denied service connection as the evidence did not support a finding that these conditions began during or were otherwise related to his military service.,While the Veteran had complaints of pain in each of these areas during service, there was no medical evidence linking any current diagnoses to his active duty. The VA examiners found no nexus between the Veteran's current disabilities and his service.

The Veteran's claims for increased ratings for low back disability and radiculopathy into the lower extremities, including on an extraschedular basis, are being remanded due to insufficient examination findings. Additional development is required, including obtaining new VA examinations by spine specialists or orthopedists.

The Veteran's appeal is remanded for further development, including obtaining SSA records and VA medical opinions regarding his psychiatric disability, headaches, and knee disabilities. The effective dates of service connection awards are also being remanded.

The Veteran's claims for service connection were denied as new and material evidence was not received to support the reopening of his claims. The Board found that there was no nexus between any current conditions and military service.

The Veteran's degenerative arthritis of the lumbar spine was reliably diagnosed during service and is presumed to have been present due to its chronic nature, thus granting service connection.

The Board has identified several issues for remand, including the need to obtain additional treatment records and conduct new examinations. The Veteran's claims for service connection are being remanded due to the lack of current diagnoses and functional impairment.

The Veteran's claim for an increased disability rating for low back strain with degenerative joint disease (DJD) and invertebral disc syndrome (IVDS), currently rated as 20 percent, is being remanded due to the need for a new VA examination that meets all criteria set forth in Correia v. McDonald.

The Board denied service connection for sleep apnea and denied increased ratings for degenerative disc disease of the lumbar spine and cervical spine, finding that there was no evidence to support these claims.

The Veteran's service-connected disabilities, including PTSD and musculoskeletal conditions, prevented him from obtaining or maintaining gainful employment. The Board granted the claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for service connection have been granted, but the issues of entitlement to service connection for various disabilities remain pending and need further examination.

The Veteran's claim for an initial evaluation in excess of 50 percent for ankylosing spondylitis with lumbar spinal stenosis (also claimed as arthritis) is being remanded due to the need for additional development, including obtaining private treatment records and VA examination.

The Board has remanded the claims of service connection for right knee osteoarthritis and low back disorder due to insufficient etiology opinions in the existing record.