Back / lumbar spine decisions — 2019

The Veteran's claims for earlier effective date, rating in excess of 20 percent for right lower extremity radiculopathy, and TDIU have been dismissed as the Veteran withdrew his appeal.,Service connection for bilateral hearing loss has not been established due to lack of audiometric testing meeting VA criteria for impaired hearing.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to address the service connection claims for a back condition, diverticulitis, and seborrheic dermatitis.

The Veteran's disability ratings for chronic lumbosacral strain and lumbar radiculopathy of the right lower extremity were restored to their previous levels, while his TDIU claim was denied.

The Board has remanded the Veteran's claims of service connection for low back, neck, bilateral shoulder, bilateral knee, and bilateral hip disabilities due to inadequate opinions regarding aggravation by pre-existing conditions.

The Veteran's claim of service connection for a back disorder, right knee disorder, and left knee disorder is granted.,The Veteran's claim of service connection for a vestibular disorder (claimed as dizziness) is denied.

The Board has denied the Veteran's claims for service connection for hypertension and BPH (claimed as prostate cancer) due to a lack of evidence showing that these conditions began during or are otherwise related to his military service. The claim for service connection for a lower back condition is remanded for further development.,The VA examiner was reluctant to accept the Veteran's report of a twisting injury in service, leading to the need for an addendum opinion.

The Board has remanded the Veteran's claims for lower back disability, left and right ankle conditions, residuals of a gunshot wound to the right shoulder, and left ear hearing loss due to potential issues with the sufficiency or reliability of the VA examinations. The Veteran is granted service connection for tinnitus.

The Veteran's cervical and lumbar spine disabilities are currently rated at 20% and 40%, respectively. The Board finds that the current ratings adequately reflect his symptoms as described in the rating criteria.

The Veteran's claims for service connection and increased ratings have been denied. Effective dates earlier than the assigned dates are not granted as there is no evidence of intent to file a claim prior to those dates.,An effective date earlier than November 6, 2014 for PTSD, radiculopathy of the lower extremities, and hypertension is denied.

The Board has remanded the Veteran's claims for service connection for a back disorder, left hip disorder, and left sciatica due to incomplete STRs and the need for VA examinations. The Veteran is also being asked to provide additional evidence related to his hearing loss claim.

The Veteran's service-connected disabilities (depression combined with the back disabilities as well as depression and back disabilities combined with the sleep apnea) preclude him from securing or following a substantially gainful occupation, effective February 22, 2018.

The Board denied a rating more than 40 percent for lumbosacral strain with intervertebral disc syndrome (IVDS) superimposed on congenital malformation (low back disability) for the period prior to June 18, 2013.

The Veteran's bilateral hearing loss warrants no greater than a Level I rating for each ear under Table VI.,Entitlement to increases in the ratings for degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee limitation of extension, and right knee impairment is remanded.

The Board has remanded the case due to inadequate examination results and the need for updated treatment records.

The Board has remanded the Veteran's claims for left knee, lumbar spine, and neck disabilities due to incomplete medical history and lack of objective evidence.,Further examination is needed to determine if these conditions are related to service.

The Veteran's petition to reopen his claim of entitlement to service connection for a low back disability is granted. The Board finds that new and material evidence has been received, raising a reasonable possibility of substantiating the claim. Service connection for a low back disability is remanded.

The Veteran's petition to reopen his claim for service connection of a cervical spine disability is granted. The Board also remanded the issues of increased rating for low back disability and TDIU based on the same issue.

The Board denied the Veteran's claims of entitlement to service connection for low back disorder, burn scars of the ankles, and left varicocele due to lack of new and material evidence.

The Veteran's claims for back, right and left knee disorders, as well as hearing loss and tinnitus are being remanded due to the need for additional medical opinions.

The Veteran's claim for a higher rating for his lumbar spine disability is being remanded due to the RO not readjudicating it after an additional VA examination.