Back / lumbar spine decisions — 2019

The appeal for service connection for cataracts was dismissed. The rating for fracture, floor left orbit remains noncompensable. The claim for a higher rating for anxiety disorder is denied. The appeals for flat feet, gastritis, jaw injury, and back disability are remanded.

The Board has granted service connection for low back and left hip disabilities on a secondary basis to the Veteran's service-connected right knee disability.

The Board has remanded the cases of service connection for a low back disability, right knee disability, bilateral hearing loss, tinnitus, sleep disability, headaches, an increased rating for a right ankle disability, and an earlier effective date for PTSD. The RO is instructed to issue supplemental statements of the case on these issues.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to insufficient medical opinions regarding the relationship between his service-connected conditions and his sleep apnea.

The Veteran's lumbosacral strain due to spina bifida occulta and degenerative disc disease have been rated at 40 percent since October 31, 2011. The TDIU has also been granted effective from that date.

The Board denied the Veteran's request to reenter the VA vocational rehabilitation and employment program, finding that her service-connected disabilities did not worsen to the extent that she was precluded from performing work duties or that her previously rehabilitated occupation was unsuitable.

The Veteran's tinnitus and headaches are granted service connection. The lower back disability and right leg and foot disability are remanded for further development.

The Board has remanded the claims for chronic bronchitis due to insufficient competent medical evidence on file.

The Board denied service connection for a back disorder and a bilateral eye disorder, finding that the evidence did not show these conditions were incurred in or related to service.

The Board has determined that there is at least a 50% chance the Veteran's current low back disability, including degenerative disc disease of the lumbar spine, is related to his active duty service.

The Board has determined that the Veteran's claims for service connection are not supported by the evidence and have been denied. The issues of service connection for a right leg disability, PTSD, back disability, sleep apnea, and unspecified depressive disorder with unspecified schizophrenia remain in remand status due to insufficient medical opinions.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for further evaluation. The Veteran also has pending issues regarding his right knee, left knee, depressive disorder (stress disorder), and TDIU.

The Veteran's claim for service connection for a right foot disability is denied as there is no evidence of a current disability.,Service connection for low back, neck, left knee, and right knee disabilities are remanded due to incomplete personnel records and the need for clarification on the dates of events claimed by the Veteran.,The Veteran's claim for service connection for bilateral eye disability is remanded as there are outstanding private treatment records that have not been obtained.,Service connection for an acquired psychiatric disorder, obstructive sleep apnea, and coronary artery disease (status-post CABG) are remanded due to incomplete personnel records and the need for clarification on the dates of events claimed by the Veteran.,The Veteran's claim for service connection for tinnitus is remanded as there are outstanding VA treatment records that have not been obtained.

The Board has granted service connection for degenerative disc disease of the lumbar spine, finding a continuity of symptoms since service.

The Board has dismissed the appeal for a higher initial rating for lumbar spine disability. The service connection claims for TBI residuals, right ear sensorineural hearing loss, and left ear sensorineural hearing loss have been denied. The claim for PTSD is remanded.

The Veteran's application to reopen a claim of service connection for respiratory disability was granted, and an effective date of March 22, 2015, but no earlier, was assigned for the award of an increased (10 percent) rating for arthritis of the lumbosacral spine. The application to increase the Veteran's right patellofemoral pain syndrome and patellar chondromalacia, status post arthroscopic medial meniscal debridement with scars, from 10 percent to a higher rating was remanded.

The Veteran's lumbar spine DJD, DDD, and lumbar discectomy was granted a disability rating of 20 percent from June 15, 2009 to August 25, 2010. After this period, the rating remained at 20 percent.

The Veteran's claims for increased ratings for degenerative joint disease of the lumbosacral spine and cervical spine are being remanded due to outstanding private medical records from Dr. D., which have not been obtained.

The Veteran's claims for service connection for an acquired psychiatric disorder, sleep apnea, lumbar spine disorder, hypertension, and chronic headache disorder are granted. The claim for a right foot disorder (excluding residuals of a right ankle fracture) is denied.

The Veteran's claims for service connection for degenerative disc disease of the cervical spine and PTSD were denied, with effective dates not being earlier than September 23, 2010, and November 1, 2010 respectively.