Back / lumbar spine decisions — 2019

The Veteran's appeal is dismissed for bilateral hearing loss and left eye disability. The initial rating of PTSD prior to April 27, 2017, is granted at a 70% level. Other claims are remanded.

The Veteran's claim for service connection for lumbar spine degenerative disc disease is granted. The claims for skin disability and left shoulder disability are denied. Hypertension remains under review.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for bilateral knee, right ankle, left hip, low back strain, acquired psychiatric disability (including PTSD), and headaches conditions as they may be related to his service-connected flat feet condition.,For the heart condition claim, a new VA examination is required due to conflicting in-service medical records.

The Veteran's claim for service connection has been reopened and granted for cataracts due to diabetes mellitus. The Board also found that the Veteran's headache disability is related to his active service, but remanded other issues including sinusitis, emphysema, COPD, gallbladder condition, Crohn’s disease, pancreatitis, acid reflux, stroke residuals, arthritis, degenerative disc disease of the lumbar and cervical spine, diabetic retinopathy, tinnitus, hypertension, peripheral vascular/arterial disease (PVD/PAD) of both lower extremities, and erectile dysfunction.

The Veteran's back and hip disabilities are granted as service-connected.,The Veteran's bilateral hearing loss and tinnitus are granted as service-connected.,Service connection for hypertension is remanded due to the November 2018 NAS report finding sufficient evidence of association with herbicide exposure.,A disability rating greater than 50 percent for PTSD is remanded.,,

The Veteran's back disability (degenerative disc disease with disc herniation at L5-S1) was examined by a VA nurse practitioner in May 2017 and x-rays and MRI were obtained in February 2018. The examiner did not adequately address the Veteran’s functional loss on repeated use, causing the case to be remanded for further examination.

The Veteran's lumbar spine disability is rated at 40 percent, but the Board finds that this rating is not warranted due to lack of evidence of unfavorable ankylosis or incapacitating episodes.,Prior to December 5, 2018, the Veteran was granted a 20 percent rating for left leg numbness. However, beginning December 5, 2018, his condition warrants no higher than a 20 percent rating.

The Board denied service connection for low back pain with arthritis and a bilateral knee disability, finding no new and material evidence to reopen the claims. The Veteran's current diagnoses of DJD in both knees were not shown to be related to his military service.

The Board has remanded the claims of service connection for sleep apnea, plantar psoriasis, and a back disability. Additionally, the claim to reopen the service connection for plantar keratoderma is also being remanded.

The Veteran's claims for service connection for a back disorder, right hip disorder, left hip disorder, right knee disorder, sleep disorder, and hypertension have all been denied.,There is no evidence of any in-service injury or disease that could be linked to these conditions.

The Veteran's claims for higher ratings for his thoracolumbar and cervical spine disabilities, as well as a TDIU claim, are being remanded due to the need for additional development of his medical records.

The Board has remanded the Veteran's claims for increased evaluations of his thoracolumbar spine disability, left lower extremity femoral nerve palsy, and peripheral neuropathy. The VA will obtain additional medical records and schedule the Veteran for examinations to assess the severity of these conditions.

The Board has determined that the Veteran's low back disability may have had its onset during active service or is otherwise related to it. The case is being remanded for further examination and opinion.

The Veteran withdrew his appeals on all issues related to service connection and increased rating for various conditions, including low back disability, right and left leg disabilities, OSA, heart condition, hypertension, headaches, insomnia, and psychotic disorder.

The Board has denied service connection for back, bilateral foot, right shoulder, left shoulder, right knee, and left knee disorders. Service connection was granted for PTSD with a rating of 70% effective September 7, 2011.

The Veteran withdrew his appeals for service connection of lumbar and cervical spine disorders, expressing satisfaction with current disability ratings.

The Board has remanded three issues: service connection for bilateral hearing loss, tinnitus, and residuals of cold injury to the left and right foot. The lumbar spine disorder issue remains denied.

The Veteran's service-connected disabilities alone have resulted in his need for aid and attendance in the activities of daily living, which is granted.

The Board has granted service connection for degenerative disc disease of the lumbar spine, finding that it is at least as likely as not related to an in-service injury.

The Veteran's claim for an increased rating for diabetes mellitus, type II with erectile dysfunction was denied as the evidence did not show that his condition required more than one daily insulin injection and regulation of activities. The claim for SMC based on need for aid and attendance or housebound status was also denied due to lack of evidence showing he needed regular assistance.