Back / lumbar spine decisions — 2019

The Veteran's appeals for increased ratings and TDIU have been dismissed as the Veteran has withdrawn all his pending appeals.

The Board has remanded the claim for a supplemental VA medical opinion to determine if the Veteran's current low back disorder is related to his active military service, including his reserve service from 1984 to 1996.

The Board has remanded the case for a new examination to determine if the Veteran has a current diagnosed back disability and whether it is at least as likely as not that the condition had onset in service or is directly linked to her time on active duty. The rating for migraine headaches remains unchanged.

The Board has denied service connection for back disability, sleep apnea, heart disability, hypertension, and hepatitis C as the evidence does not support a finding that these conditions began during service or are related to an in-service injury or disease.

The Board has remanded the case due to a need for a new VA examination to assess the current severity of the veteran's lumbar spine disability, as there are indications that his symptoms may have worsened since the last VA examination.

The Board has dismissed the appeals for all issues related to service connection, increased ratings, and effective dates due to the absence of an adequate substantive appeal.

The Veteran's bilateral hearing loss has been rated as noncompensable, and his chronic lumbosacral strain with degenerative disc disease has been rated at 40 percent. The case is remanded for further examination to determine the severity of his back condition.

The Board has remanded the cases due to outstanding VA treatment records and scheduling issues for VA examinations.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for new VA examinations to assess the severity of his service-connected back disability and PTSD, as well as the need to obtain additional medical records.

The Veteran's service connection for a low back disability is granted.,An initial compensable rating for bilateral hearing loss disability prior to February 26, 2018 and thereafter is denied.,An initial compensable rating for kidney stones prior to February 26, 2018 is denied. A rating in excess of 10 percent thereafter is granted beginning from February 26, 2018.,Initial ratings in excess of 20 percent for left shoulder disability, neck disability, left knee disability, and right knee disability are remanded.,Entitlement to service connection for a low back disability is granted. The Veteran's hearing impairment was rated as Level I in both ears prior to February 26, 2018 and as Level I thereafter. Entitlement to an initial compensable rating for kidney stones is denied prior to February 26, 2018 and entitlement to a rating in excess of 10 percent thereafter is granted.,The Veteran's left shoulder, neck, left knee, and right knee disabilities are remanded for further examination.

The Veteran's service-connected disabilities are found to be so severe that they prevent her from obtaining or maintaining substantially gainful employment, and a TDIU is granted.

The claim for service connection of a back disorder is reopened and remanded. The rating for bilateral hearing loss is also remanded.

The Veteran's tinnitus claim is granted, and he is now entitled to a higher evaluation for his degenerative joint disease of the lumbar spine. The right knee disability remains at its current level, but the scar status post lower back surgery receives an increased rating. His bladder disability and peripheral neuropathy are also evaluated based on their respective conditions.

The Board has remanded the Veteran's claims for low back disability, bilateral knee disability, and sleep apnea due to insufficient evidence on continuity of symptomatology since service.

The claim for service connection for PTSD has been reopened. The Veteran's low back disorder, sleep apnea, and pseudofolliculitis are all remanded for further development. A psychiatric disorder to include PTSD and depression is also remanded.

The Board has decided to remand the claims for a low back disorder and left hip disorder, as they are related to service-connected residuals of right fibula fracture with Pellegrini-Stieda disease and osteoarthritis. The Veteran's private treatment records need to be obtained, and medical opinions must be provided regarding the nature and etiology of these disorders.

The Veteran's claim for service connection for a back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy has been reopened and granted.,Service connection is established for lumbar spine degenerative arthritis, intervertebral disc syndrome, herniated disc, and post laminectomy syndrome.

The Board has determined that the Veteran's current cervical and lumbosacral spine disabilities are not related to his active service, thus denying claims for service connection.

The claim for service connection for a back disability has been reopened, but the Veteran does not have a current diagnosis of a back disability.,Service connection for bilateral hearing loss was denied as there is no evidence of a current disability meeting VA criteria. The Veteran's hearing loss is considered to be due to noise exposure during active duty.,The claim for service connection for hypertension (claimed as due to herbicide agent exposure) has been denied because the preponderance of the evidence does not support a finding that hypertension manifested within one year following separation from service.

The Veteran's claim for an increased rating of 40 percent for degenerative disc disease of the lumbar spine was granted. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) prior to August 7, 2018 is remanded.