Back / lumbar spine decisions — 2019

The Board has decided to remand the cases due to inadequate examination reports and failure to comply with previous remands.

The Veteran's lumbar spine disability is rated at 10 percent, and his radiculopathy ratings are granted. The GERD rating remains denied. A TDIU claim is remanded.

The Veteran's lumbar spine disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. Continuity of symptomatology is also not established.,There is no evidence that the Veteran has had radiculopathy of the lower left leg at any time during, or approximate to, the pendency of the claim.,The Veteran's cervical spine disability was rated as 10 percent due to forward flexion limited to 30 degrees and combined range of motion not greater than 170 degrees. The examiner noted that repetitive use testing did not show any additional loss of function.

The Veteran's claim for a higher rating for his lumbar spine disability has been denied. The Board found that the evidence did not show ankylosis of the thoracolumbar spine, and therefore, a rating in excess of 20 percent prior to January 11, 2019, and in excess of 40 percent afterwards is not warranted.

The Board has denied service connection for the Veteran's claimed conditions, including a lumbar spine disability, erectile dysfunction, radiculopathy, hypertensive vascular disease, TURP, low sperm ejaculation, and heart condition. The issues are remanded due to conflicting evidence regarding the onset of diabetes mellitus type II.

The Veteran's claim for an increased rating for cervical spine disability was denied, as the evidence did not show forward flexion of the cervical spine to 15 degrees or less at any point during the appeal period.,The Veteran's COPD was rated noncompensably disabling prior to May 3, 2017, and 10 percent thereafter. The Board found no basis for an increased rating.

The Board has denied service connection for a lumbar spine disorder and a right knee disorder, finding no evidence of in-service injury or chronic condition. The Veteran's current diagnoses are not causally related to his military service.,A separate issue regarding the rating for retropatellar pain syndrome with degenerative joint disease of the left knee has been granted.

The Veteran's claim of service connection for sleep apnea, a right elbow condition, left and right knee conditions, cervical spine condition, dermal rash on both legs, type II diabetes mellitus, and low back strain with degenerative changes has been granted. The Veteran’s current disability of low back strain with degenerative changes is rated at 20 percent effective June 11, 2012.,The issue of entitlement to compensable initial ratings for left and right shoulder tendonitis remains pending.

The Veteran's service-connected disabilities rendered him incapable of performing the physical and mental acts required by employment prior to January 29, 2015.

The Veteran's appeals for service connection and temporary total ratings have been remanded due to the need for additional evidence or examination. The claims for increased ratings are also being held in abeyance.

The Board denied service connection for a low back disability, bilateral knee disability, and gastroesophageal reflux disease (GERD) due to lack of evidence linking these conditions to the Veteran's military service.

The Board has decided to remand the Veteran's claims for service connection for low back disability and left foot disability due to insufficient medical evidence. The Veteran is required to provide a VA examination to determine if his current disabilities are related to his military service.

The Board denied service connection for cervical spondylosis and degenerative disc disease of the cervical and lumbar spine, finding that there is no evidence to support a link between these conditions and service.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected depression and treatment of his service-connected low back and right hand disabilities.

The Board has denied service connection for tinnitus due to a lack of evidence showing that the condition began during active service or is related to an in-service injury.,Service connection was also remanded for nasal injury, bruxism status post oral surgery jaw reset and hyperplasia, and low back pain with scoliosis.

The Board has determined that a remand is necessary to ensure compliance with previous remands for additional development related to the Veteran's service-connected degenerative spondylosis of the lumbosacral spine and TDIU claims.

The Board has denied service connection for a back disability and remanded the claims of service connection for gastric ulcer(s) and hiatal hernia (claimed as gastroesophageal reflux disease or GERD). The Veteran's claims are now pending with VA for additional development.

The Veteran's claim of service connection for a cervical spine condition was denied, and the issue of entitlement to an increased rating for degenerative disc and joint disease for the thoracolumbar spine is remanded.

The Board has denied service connection for cervical spine, lumbar spine, bilateral knee, and right shoulder disabilities as well as an acquired psychiatric disability (neurocognitive disorder) due to a lack of evidence linking these conditions to service.

The Veteran's claims for service connection and increased ratings were granted, with effective dates ranging from October 31, 2009 to July 13, 2011. The decision also includes a TDIU determination.