Back / lumbar spine decisions — 2019

The Veteran's application to reopen a claim for service connection for sprain, both ankles is granted. The initial compensable rating for bilateral hearing loss disability is denied. The claims of increased ratings for lumbosacral strain with degenerative arthritis (lumbosacral disability), cervical strain, and coronary artery disease (CAD) are remanded. The claims of service connection for left ankle disability, right ankle disability, left hand disability, and right hand disability are also remanded.

The Board has granted service connection for C6 compression fracture of the cervical spine and degenerative disc disease and spondylosis of the cervical spine, finding that the evidence is in relative equipoise as to whether these conditions are related to service. The issue of an initial rating higher than 10 percent for degenerative disc disease, spondylosis, with L5-S1 spondylolisthesis, of the lumbar spine remains pending.

The Board has decided to remand the Veteran's claim for a lumbar spine disability due to incomplete medical records and the need for further examination. The RO is instructed to attempt to obtain prison medical records, provide an opportunity for the Veteran to submit additional evidence, and schedule him for a VA examination.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions. The right hip, low back, sinus disorder (including allergies/rhinitis), and asthma conditions are all being reviewed.

The Veteran's petition to reopen the previously denied claim for frostbite was granted. The claims for left shoulder, lower back, and left knee disabilities were denied due to lack of evidence linking these conditions to service.

The Veteran's lumbar spine disability is rated at 40 percent, effective from December 6, 2016. The rating reflects the severity of his condition with forward flexion to 85 degrees and no ankylosis.

The Veteran's service-connected disabilities rendered him unemployable prior to August 28, 2008, and he is granted a total disability rating based on individual unemployability.

The Veteran's claims for service connection related to TBI, patellofemoral syndrome of the right and left knees, sleep apnea, bulging disc, and lumbar strain have been reopened but remain denied. The cases are being remanded due to insufficient evidence.

Service connection is granted for a back condition, left knee condition, right knee condition, depression, and headaches secondary to service-connected bilateral ankle disabilities.,An effective date prior to July 6, 2015, for the grant of service connection for tinnitus and bilateral hearing loss is denied.

The Board has remanded the Veteran's claims for service connection due to incomplete information regarding his periods of active duty, inactive duty training, and National Guard service. The Veteran is also advised that he must provide authorization for VA to obtain any private medical records relevant to his claims.

The Veteran's claims for various disabilities were dismissed due to their death.

The Veteran's bilateral hearing loss, tinnitus, back disorder, blood disorder (claimed as myelofibrosis and myeloproliferative disorder), and pruritus are all granted service connection. The Board found the evidence at least in equipoise to support these claims.

The Board has determined that additional evidence is needed to substantiate the Veteran's claims for service connection for various conditions, including arthritis, cervical spine disorder, lumbar spine disorder, and several other musculoskeletal issues. The decision also includes remands for tinnitus and peripheral neuropathy.

The Veteran's appeal on two issues was dismissed due to his death. The first issue, service connection for a scar secondary to service-connected lumbar spine herniated disc with degenerative disc disease, is not addressed as the Veteran died during the pendency of the appeal. The second issue, seeking an evaluation higher than 10 percent for lumbar spine herniated disc with degenerative disc disease, was also dismissed.

The Board has reopened the Veteran's claims for service connection for thoracolumbar spine, right knee, and left knee disabilities. The appeals are now remanded to determine if these conditions are related to service.

The Board has remanded the claims for additional development due to lack of updated VA treatment records and inadequate examination reports.

The Veteran's lumbar spine disability is rated at 40 percent, left lower extremity radiculopathy at 20 percent since January 31, 2019, and intermittent vertigo at 30 percent. The claims for increased ratings are remanded.

The Board has decided to remand the Veteran's claim for service connection of his back condition due to inadequate rationale provided in a previous VA examination. The case is being sent back for further evaluation and an opinion regarding the nature of the Veteran’s claimed conditions, their relationship to service, and whether any pre-existing conditions were aggravated during service.

The Veteran's low back strain with herniated disc and nerve root impingement was granted a disability rating of 40 percent from September 8, 2010 to June 19, 2014. A separate disability rating of 40 percent for left lower extremity sciatica associated with the low back condition was also granted.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU. The right knee issues are remanded for further examination.