Back / lumbar spine decisions — 2019

The Board has decided that an effective date of January 19, 2016 and no earlier is granted for a 20 percent rating for the Veteran's lumbar spine disability. The cervical spine disability issue is remanded due to insufficient evidence.

The Board has dismissed the claims for increased ratings for right ring finger and thumb scars, and has remanded the remaining issues including service connection and rating determinations.

The Veteran's appeals for increased ratings and service connection were dismissed due to his failure to report for necessary VA examinations. Additionally, the Veteran withdrew his appeal on issues of hypertension and myofascial pain syndrome.

The application to reopen the previously denied claims for service connection for a back disability and a leg disability, also claimed as a right knee disability is granted. The application to reopen the previously denied claim for service connection for a left ankle disability is denied. The claims of service connection for an acquired psychiatric disability (claimed as PTSD), a back disability, and a leg disability (also claimed as a right knee disability) are remanded.

The Board has restored the Veteran's 20 percent evaluation for cervical spine disability effective June 4, 2018. The claim of service connection for TBI and the issue of a higher rating for cervical spine disability are both remanded.

The Board has remanded the cases for further development and examination to address the Veteran's claims of service connection for back and neck conditions, including whether they are related to his in-service complaints or injuries.

The Veteran's appeal for service connection of a back disability has been dismissed due to the death of the appellant.

The Board denied the Veteran's claims for service connection for a back disability, bilateral pes planus, and unspecified depressive disorder. The decision also remanded issues regarding these conditions.

The Board denied the Veteran's claims for service connection for low back disability, pulmonary fibrosis, and residuals of frostbite as there was no evidence to support a causal link between these conditions and his military service.

The Veteran's hypertension, bilateral foot condition (to include pes planus, plantar fasciitis and arthritis), toe condition, hip condition, knee condition, ankle condition, cervical spine condition, lumbar spine condition, BUE peripheral neuropathy, BLE peripheral neuropathy, sinus condition, and gout were not incurred in or aggravated by service. The Veteran's bilateral foot condition is related to his period of service.

The Veteran's petitions to reopen claims for lumbar spine disorder, right hip disorder, bilateral orchitis with testosterone deficiency, left hip disorder, and IBS have been dismissed.,Claims for neck disorder, left knee disorder, and right ankle disorder were reopened due to new evidence.

The Board has denied service connection for various conditions, including lumbar spine disorder, schizophrenia, bipolar disorder, muscle pain of the bilateral legs, and PTSD. The claims were not reopened due to lack of new and material evidence.

The Board has remanded the Veteran's claims for tinnitus, bilateral hearing loss, and a low back condition due to the need for additional medical examinations.

The Veteran's service-connected disabilities render him unable to obtain or retain substantially gainful employment, and the Board grants a TDIU. The remaining issues on appeal are dismissed due to the Veteran's withdrawal of his appeal.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board finds no basis to grant a higher rating.,The Veteran's right ankle fracture residuals are currently rated at 10 percent, and the Board finds no basis to grant a higher rating.

The Veteran's claim for a higher rating for his mechanical low back pain is remanded due to the need for additional examination and treatment records.

The Veteran's claim for service connection for allergies was denied. The Board found that the evidence did not support a finding that his current diagnosis of allergic rhinitis began during service or is otherwise related to an in-service injury or disease.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, lumbar spine, and lower extremity radiculopathy disabilities. The case is remanded to obtain additional medical records and arrange for a VA examination regarding his pes planus and left foot disability.

The Board denied the Veteran's claims for service connection for right ear hearing loss and tinnitus, as well as a higher initial rating for degenerative joint and disc disease of the lumbar spine. The claim for left ear hearing loss was granted with an initial 0 percent rating.

The Veteran's appeal to reopen a claim of service connection for right hand CTS was granted, and he is now receiving a rating of 40 percent. The effective date for this grant has been set at July 9, 2014.