Back / lumbar spine decisions — 2019

The Veteran's service-connected disabilities prevented him from attending to the needs of nature, caring for himself, or protecting himself from the hazards of his environment. The Board found that the Veteran met the criterion for aid and attendance benefits due to his service-connected disabilities.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for left hip and low back disabilities, finding that the current conditions are not related to his military service.

The Veteran's service connection claims for arthritis of the upper extremities, cervical spine, lumbar spine, bilateral cataracts, and a skin condition other than sebaceous cysts are being remanded due to the need for additional VA examinations.

The Board has remanded the claims for service connection due to insufficient evidence, including a lack of current diagnoses and causal relationships. The Veteran's representative withdrew his request for a hearing, and VA needs to obtain relevant treatment records from private providers.

The Board has remanded the claims of service connection for back, right hip, right knee and bilateral lower leg disabilities due to the Veteran's sworn testimony about his injuries during parachuting in service. A VA examination is needed to determine if these conditions are related to service.

The Board has remanded several issues related to the Veteran's service connection claims for back, right hip, right leg, right ankle, and bilateral foot disabilities due to inadequate medical opinions and need for additional development.

The Board has determined that the reduction of the disability rating for hypertension from 20 percent to 10 percent, effective May 24, 2012, was improper and has restored the original rating of 20 percent. The claims for increased ratings for hypertension, lumbar spine disability, and bilateral flat feet are remanded.

The Board has granted service connection for right knee, left knee, and lumbar spine disabilities as secondary to the Veteran's service-connected bilateral foot disability.

The Veteran's right ankle disability is currently rated at 10 percent, effective from October 24, 2018. The Board denied a higher rating for this condition.

The Board has granted service connection for the Veteran's low back disability. The claims for left and right knee disabilities are remanded.

The Veteran's last VA examination of his back was conducted in April 2014, and the Board has determined that it is not adequate due to lack of passive, weight-bearing or nonweight-bearing range of motion testing. The case is being remanded for another VA examination.

The Veteran's claims for increased ratings and a total disability rating based on individual unemployability due to service-connected disabilities have been denied. The Board found that the evidence did not meet the criteria for higher ratings or a total disability evaluation.

The Board dismissed the issues of service connection for lumbar spine disability and acid reflux, upper abdominal disability. The effective date for a rating in excess of 70 percent for PTSD is set at December 13, 2015.

The Board denied service connection for a right knee disorder, sleep apnea, gastroesophageal reflux disease (GERD), lumbosacral strain, and left knee chondromalacia. The appeals were all denied as there was no current diagnosis or evidence of in-service injury resulting in the claimed conditions.

The Veteran's right shoulder tendinitis with trapezius strain is rated 30 percent effective from November 4, 2016.,A 40 percent rating for chronic low back pain with history of muscle strain is granted with an effective date of July 12, 2012. The left lower extremity radiculopathy was also granted a 10 percent rating on this same date.

The Veteran's petition to reopen the claim of entitlement to service connection for left ear hearing loss was granted. The claims for service connection for low back disorder, bilateral foot disorder, and hemorrhoids were denied.

The Veteran's allergic rhinitis is service-connected. The Board found that the Veteran had a current diagnosis of allergic rhinitis and provided competent and credible testimony regarding his symptoms during service.,Service connection for right fifth finger injury was denied due to lack of continuity of care, despite the Veteran's lay statements. A VA examination will be required to address this issue.,The Board found that there is no current evidence of a right knee disorder or low back disorder related to service. An adequate VA examination is needed to clarify these issues.,Service connection for skin disorder was denied due to lack of continuity of care, despite the Veteran's lay statements and testimony regarding his symptoms during service. An adequate VA examination is required to address this issue.,The claim for respiratory disorder was reopened based on new evidence (diagnosis of bronchitis). The Board found that there is a reasonable possibility of substantiating the claim with further examination and medical opinion.,

The Veteran's service connection claims for various conditions, including lumbar spine condition (claimed as back condition), GERD, mental disorder (claimed as depressive illness), hyperlipidemia, left and right carpal tunnel syndrome, left and right hip arthritis, bilateral knee arthritis, discoid lupus erythematosus, hypertension, sleep apnea, bilateral hearing loss, and tinnitus have been denied. The Veteran's lumbar spine condition is not service connected due to lack of evidence showing it was incurred or aggravated during service.

The Board has remanded the Veteran's claims for hypertension, headaches, hepatitis C, and fatigue/malaise due to pre-decisional duty to assist errors. The claims for disabilities of the back, right shoulder, hips, knees, and ankles are inextricably intertwined with the claim for hepatitis C.

The Veteran's claim for service connection for tinnitus is granted. The low back disability issue is remanded due to the inadequacy of the VA medical opinion.