Back / lumbar spine decisions — 2019

The Board has remanded the claims due to outstanding private treatment records that need to be obtained from the Veteran.

The claims of service connection for cervical and lumbar spine disorders, hearing loss, tinnitus, migraine headaches, heart disorder, and high blood pressure have been remanded due to the need for additional development.,New evidence has not reopened previously denied claims of service connection for a traumatic brain injury (TBI), blurry vision, and blepharospasm.

The Board has granted service connection for a lower back disability as secondary to the Veteran's service-connected obstructive sleep apnea (OSA). The examiner found that the Veteran’s back disabilities are more related to age-related degenerative changes, his body habitus and current weight, and his other co-morbidities, including OSA.

The Board has determined that additional development is necessary before the claim of service connection for lumbar osteoarthritis can be adjudicated on the merits. The Veteran's back disability will need to be examined and a new opinion provided regarding whether it is related to his military service.

The Board has granted the Veteran's requests to reopen his claims for service connection for a left shoulder disability, low back disability (claimed as secondary to a left shoulder disability), and an acquired psychiatric disability (PTSD). The claims are now remanded for further development.

The Board has remanded the Veteran's claims for service connection for a low back disability, an acquired psychiatric disorder, and sleep apnea due to hypertension. The issues are related to whether these conditions are directly related to his military service or secondary to other service-connected disabilities.,Specifically, the Veteran is seeking service connection for a low back disability that he believes was caused by his active duty service or his left knee disability. He also claims service connection for an acquired psychiatric disorder including PTSD, anxiety, and depression, which he attributes to in-service trauma. Lastly, he seeks service connection for sleep apnea related to hypertension.

The Veteran's service connection claims for various disabilities, including cervical spine disability, back disability, bilateral foot disability, tinnitus, sleep disability, chest disability, diabetes mellitus (to include as secondary to herbicide exposure), TBI, hypertension, and bilateral lower extremity neuropathy have all been denied. The dental condition claim has also been referred for adjudication.

The Veteran's current unspecified depressive disorder is secondary to his service-connected right knee disability.,The Veteran's headaches are secondary to his service-connected unspecified depressive disorder.

The Veteran's claim for an initial rating in excess of 70 percent for PTSD with substance use disorder was denied. The Veteran's TDIU due to PTSD from July 31, 2013, to July 27, 2017, is granted. Service connection for residuals of a right arm disability (also claimed as shoulder/elbow condition), low back disability, and right leg disability were denied.

The Veteran's claim for service connection has been reopened due to the submission of new and material evidence. The Board has decided that remand is necessary for further development regarding his lower back condition and acquired psychiatric disorder.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete records, inadequate examinations, and need for additional testing. The issues include stroke, heart disability secondary to hypertension, lumbar spine conditions, bilateral knee disabilities, and erectile dysfunction.

The Board has dismissed the Veteran's appeals for service connection of right hand condition, bilateral hearing loss, low back condition, and left ankle condition. The neck condition appeal is remanded.

The Veteran's appeals for increased ratings and service connection have been dismissed.,Service connection for labral tear status post SLAP procedure with arthritis of the left shoulder has not been established.

The Board has decided that the Veteran's claims for service connection for headaches, lower back condition, right knee condition, and left knee condition must be remanded to obtain additional information and evidence.

The Veteran's claim for an effective date prior to March 20, 2014 for the grant of service connection for tinnitus has been denied.,The Veteran's appeal for a higher rating for tinnitus is also denied as his current disability picture does not warrant a higher evaluation under any diagnostic code.,The Board has remanded the claims for service connection for a back disorder, an acquired psychiatric disorder (major depressive disorder), a sleep disorder, and hypertension due to insufficient evidence or conflicting opinions in the record.,For the back disorder claim, additional medical opinion is needed regarding whether the Veteran's pre-existing condition was aggravated by military service.,For the major depressive disorder claim, additional medical opinion is needed regarding whether it was incurred in service and/or aggravated by tension headaches and tinnitus.

The Veteran's service-connected PTSD, combined with other disabilities, rendered him unable to secure or follow a substantially gainful occupation as of March 6, 2018. His TDIU is granted effective from that date.

The Veteran's claim for a higher rating for his lumbar spine condition was denied, but he received a grant of a 40 percent initial disability rating for left lower extremity radiculopathy starting from April 30, 2018. The right lower extremity radiculopathy and surgical scars of the spine claims were denied.

The Veteran's service connection claims for Multiple Sclerosis, a left lower extremity disorder, cervical spine disorder, and lumbar spine disorder are all granted.

The Board has granted service connection for a low back disability, diagnosed as lumbosacral strain, lumbosacral sprain, and moderate degenerative changes of the L5-S1 disc and facet joints with radiculopathy. The Veteran's current low back disabilities are found to be due to his in-service injury.

The Board has determined that the Veteran's lumbar spondylolisthesis existed prior to service and is remanding for further examination to determine if it was aggravated by service.