Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for service connection for a right hip disability, left hip disability, and low back disability due to outstanding private treatment records. The tinnitus claim remains denied.

The Veteran's cervical spine disability is granted as service-connected. The cases of rating higher for low back and radiculopathy disabilities, and determining effective dates are remanded.

The Veteran's claims for service connection are remanded due to missing treatment records from a private clinic. The VA needs to obtain these records and review them before deciding on the merits of his claims.

All four issues on appeal (service connection for thoracolumbar and cervical spine disabilities, and right and left upper extremity radiculopathy) have been denied as they are considered final decisions based on the timing of the Veteran's initial service connection grants.

The Board has remanded the cases for further action due to the need for updated VA treatment records and a VA examination.

A rating higher than 40 percent for lumbosacral sprain with degenerative disc disease prior to March 9, 2016, and higher than 10 percent thereafter is denied.,An initial rating higher than 20 percent for left leg radiculopathy from March 9, 2016 is denied.,An initial rating higher than 20 percent for right leg radiculopathy from March 9, 2016 is denied.

The Board has remanded the Veteran's claims for service connection and increased rating due to insufficient evidence or inadequate examinations. The issues include chronic arthritis, an acquired psychiatric disorder (including PTSD and depression), and lumbosacral degenerative disc disease.

The Board has decided that the Veteran's service connection claims for pelvic floor dysfunction, low back disorder, and hypertension are not granted. The case is being sent back to the RO for further development.

The Board has granted a clothing allowance for the left wrist splint used to treat service-connected carpal tunnel syndrome. The right wrist splint, bilateral knee braces, and menthol/methyl salicylate topical medication are denied as they do not meet the criteria for an annual clothing allowance.

The Board has remanded the case due to non-compliance with a previous remand order, and the need for further development including obtaining VA treatment records and scheduling an examination.

The Board has found that the Veteran's bilateral hearing loss disability is etiologically related to acoustic trauma sustained in active service. The remaining issues on appeal are remanded for further development and examination.

The Veteran's migraine headaches are found to have been incurred during service.,His unspecified depressive disorder is determined to be secondary to his service-connected migraine headaches.,Bilateral hearing loss is denied as not related to service.,Back, neck, left knee, and right knee disorders are all denied as not related to service.,Right eye and left eye disorders are also denied as not related to service.,Diabetes mellitus is denied as not related to service.,Peripheral neuropathy in the upper extremities and lower extremities are both denied as not related to service.

The Veteran's tinnitus is rated at the maximum schedular evaluation of 10 percent.,Service connection for left ear hearing loss has been granted, with a current rating of 10 percent.,Hypertension was not incurred in service and may not be presumed to have been incurred therein.,Low back disability was not incurred in service and may not be presumed to have been incurred therein.,Cervical spine disability was not incurred in service and may not be presumed to have been incurred therein.,Arthritis of the bilateral lower extremities was not incurred in service and may not be presumed to have been incurred therein.,Peripheral neuropathy of the right leg was not incurred in service and may not be presumed to have been incurred therein.,Peripheral neuropathy of the left leg was not incurred in service and may not be presumed to have been incurred therein.,An acquired psychiatric disability to include major depressive disorder is not related to an in-service injury, disease, or event.,Restless leg syndrome of the right leg is not related to an in-service injury, disease, or event.,Restless leg syndrome of the left leg is not related to an in-service injury, disease, or event.,Right hip disability was not incurred in service and may not be presumed to have been incurred therein.

The Board has remanded the case for further development, including obtaining a VA opinion and readjudicating the issue of a disability rating in excess of 10 percent for the Veteran's lumbar spine disability from April 2, 2009, to June 7, 2016.

The Board has remanded the case due to inadequate medical opinions and the need for additional development regarding the Veteran's low back disability.

The Board has granted service connection for lumbar strain, tinnitus, and rhinitis. The Veteran's claims for an initial compensable evaluation for hemorrhoids and a higher initial evaluation for GERD are remanded.

The Board has granted service connection for other specified depressive disorder. The remaining issues of service connection for lumbar disability, hypertension, prostate disability (benign prostate hypertrophy), and initial evaluation in excess of 10 percent for diabetes mellitus are remanded.

The Veteran withdrew her appeals for higher initial ratings in multiple service-connected conditions, resulting in the dismissal of all issues.

The Board has remanded the cases for additional development to address whether the Veteran's low back disability is proximately due to or aggravated by his service-connected right hip disability, and whether his status post removal of right foot accessory bone (os externum) and hypertrophic bone medial navicular and advancement of posterior tibial tendon are related to his service.

The Veteran's claims for service connection have been reopened and are now pending. The Board has determined that new and material evidence has been submitted to support the reopening of his claims for PTSD and sleep apnea, but not for sarcoidosis, IHD, bilateral hearing loss, tinnitus, DDD of the lumbar spine, or PTSD.