Back / lumbar spine decisions — 2019

The Board has reopened the claim for service connection for a left elbow disability and granted it. The lumbar spine disability was also granted as service connected, with reasonable doubt resolved in favor of the Veteran.

The appeal regarding entitlement to service connection for a right ear condition is dismissed.,The appeal regarding entitlement to service connection for a left ear condition is dismissed.

The Veteran's service connection claims for Major Depressive Disorder and Low Back Disorder are granted. The Board found the evidence in equipoise with respect to whether the Veteran's MDD had its onset during service, thus granting service connection. For his low back disorder, the Board determined a new VA examination is needed as the April 2013 examiner did not adequately address the Veteran's in-service complaints and treatment.

The Board has dismissed all the issues in this appeal due to the death of the appellant during its pendency.

The appeal for left ear hearing loss is dismissed. The appeals for service connection for a back disability, bilateral lower leg disability, and acquired psychiatric disorder are remanded.

The Veteran's lumbosacral strain and associated left lower extremity radiculopathy are rated at 40 percent effective April 25, 2017. The claim for service connection of a left knee disorder is reopened.

The Board denied reopening of a previously denied claim for service connection for back condition due to lack of new and material evidence.

The Veteran's claims for service connection have been granted, but the effective dates are not established as requested.

The Veteran's service-connected disabilities render him unemployable, and the Board has granted a total disability rating due to individual unemployability (TDIU).

The Veteran's back disability, including compression fractures of thoracolumbar spine, degenerative joint disease of thoracolumbar spine, and degenerative joint disease of thoracic spine/lumbar spine, is remanded for a new VA examination to evaluate the current level of severity and any additional complications, particularly neurological impairment of the left upper extremity.

The Veteran's claims for service connection for coronary artery disease, type II diabetes mellitus, low back disability, bilateral hearing loss disability, tinnitus, and skin cancer are all granted due to presumed exposure to herbicide agents during active service.

The Board denied service connection for bilateral hearing loss, tinnitus, low back disability, and right knee disability as there was no evidence of a nexus between the current disabilities and service.

The Veteran's bilateral hearing loss is granted service connection, but the issue of service connection for degenerative disc disease with dextroscoliosis (claimed as crooked spine) is remanded.

The Board has granted service connection for OSA as secondary to obesity associated with PTSD and lumbar spine disabilities. The issue of a compensable rating for sinusitis is remanded.

The Board has remanded several issues related to the Veteran's left knee disability, right index finger fracture with arthritis, low back disability, right knee disability, and acquired psychiatric disorder. The issues include seeking increased ratings for these conditions and determining whether service connection should be granted or denied.

The Board has remanded the Veteran's claim for a higher rating for lumbosacral strain due to incomplete examination records and lack of recent medical evidence.

The Veteran's claim for service connection for a lumbar spine disability, diffuse joint and muscle pain, and hypertension has been reopened. The Board finds that the evidence submitted since the September 2009 rating decision raises a reasonable possibility of substantiating her claims. However, further examination is needed to determine the etiology of her lumbar spine condition.

The Board denied the Veteran's claim to revise a November 1953 rating decision that denied service connection for lumbar sacral strain, finding no CUE and correctly applying the law at the time.

The Board has denied the Veteran's petition to reopen his claims for service connection for right knee injury, left leg condition, and back condition. The case is remanded for further development.

The Veteran's appeal is remanded due to the need for additional examinations and testing to determine the current severity of his hearing loss, knee conditions, and spine condition. The Veteran also needs further examination regarding whether he has right ear hearing loss.