Back / lumbar spine decisions — 2019

The Board denied service connection for a low back disability, finding that the evidence did not support a link between the Veteran's current condition and his military service.,Service connection was also denied for a sleep disorder. The Board found no credible evidence linking the Veteran's current sleep issues to his time in service.

The Veteran's low back disability was rated at 10% prior to June 30, 2009 and granted a 40% rating effective June 30, 2009.,Effective November 14, 2018, the Veteran is assigned a separate 10% rating for radiculopathy of the right lower extremity as a neurological complication of his low back disability. A separate 10% rating was granted effective March 11, 2008 for radiculopathy of the left lower extremity.,Beginning November 14, 2018, the Veteran is not entitled to a higher than 20% rating for his left lower extremity radiculopathy.

The Veteran's claim for service connection for a right hemithyroidectomy, including thyroid cancer, and degenerative disc disease of the lower back is granted. The claims for these conditions are reopened due to new evidence received since the previous denial in 1991.

The Veteran's claims for diabetes mellitus, type II; low back disorder; sleep apnea; and acquired psychiatric disorder (including major depressive disorder and PTSD) have been reopened. Service connection is granted for these conditions.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is at least as likely as not related to an injury sustained during service, and thus grants service connection for this condition.

The Board has decided to remand the Veteran's claims for right shoulder, low back, and left knee disabilities due to outstanding service records and post-service records. The Veteran will be provided with VA examinations to determine the nature and etiology of his disabilities.

The Veteran's migraine headache disability is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran’s back, bilateral hip, and bilateral knee disabilities are presumed due to exposure to an IED blast during service. The Veteran has been remanded for additional examinations to determine if these conditions are related to his in-service injuries.

The Veteran's claim for an initial rating in excess of 20 percent for diabetes mellitus, type II, is denied.,Service connection for a low back disability is denied.,Service connection for left hip, right hip, left knee, and right knee disabilities are all denied.,Service connection for skeletal arthritis is denied.,Service connection for peripheral neuropathy of the lower extremities (left and right) and upper extremities (left and right) is denied.,Service connection for ischemic heart disease is denied.,Service connection for bilateral kidney disability is denied.,Service connection for a bilateral eye condition (diabetic retinopathy) is denied.,Service connection for sleep apnea is denied.

The Board denied all requests for an effective date prior to September 1, 2013 for the awards of service connection and payment of disability compensation.

The Veteran's claims of service connection for a lumbar spine disability and residuals of head injury have been granted. The claim for residuals of head injury remains denied.

The Board has decided to remand the Veteran's claims for further development due to failure to report for a scheduled examination and incomplete medical records. The Veteran is requested to attend new examinations for his knee, psychiatric disorders, and lumbar spine.

The Veteran's claim for an effective date prior to May 15, 2008 for the grant of service connection for cervical degenerative disc disease was denied. The Veteran also did not meet eligibility criteria for financial assistance in purchasing a vehicle or adaptive equipment and for specially adapted housing.

The Veteran's appeal for a higher rating for his lumbar spine disability prior to May 27, 2017, and in excess of 40 percent thereafter is dismissed because the Veteran withdrew his appeal.

The Board has remanded the claims of service connection for back, left knee, and right knee disorders due to insufficient examination reports and incomplete treatment records.

Service connection is granted for bilateral sensorineural hearing loss, tinnitus, and Hepatitis C.,Service connection is denied for elevated liver enzymes as there is no current diagnosis of this condition.

The Board denied the Veteran's claims for service connection for lumbar spine disability, prostate disorder, and residuals of viral pneumonia due to lack of evidence linking these conditions to his military service.

The Veteran's claims for increased ratings and TDIU have been remanded due to the submission of new evidence since the last supplemental statement of the case.

The Veteran's claim for an increased evaluation for his service-connected compression fracture of the lumbar spine is remanded due to a lack of range of motion testing and potential flare-ups. The Veteran will be provided another VA examination.

The Board has decided to remand the Veteran's claims for service connection for lower back disorder, bilateral knee disorder, and radiculopathy of the lower extremities due to insufficient medical evidence. The VA is directed to obtain updated treatment records and provide a VA medical opinion regarding the nature and etiology of these conditions.

The Veteran's service-connected disabilities render him unemployable, and the Board has granted a total disability rating based on individual unemployability (TDIU) effective January 20, 2012.