Back / lumbar spine decisions — 2019

The Veteran's tinnitus is granted as service connected.,The Veteran's right achilles tendon disability and hypertension are denied initial compensable ratings.,The Veteran's cervical spondylosis with left upper extremity radiculopathy, sciatica, lumbosacral strain, left knee patellar tendonitis (left knee disability), and chronic cough not related to asthma or seasonal allergic rhinitis (chronic cough) are remanded for further review.,The Veteran's service connection claims for cervical spondylosis with left upper extremity radiculopathy, sciatica, lumbosacral strain, left knee patellar tendonitis (left knee disability), and chronic cough not related to asthma or seasonal allergic rhinitis (chronic cough) are remanded.

The Board has denied service connection for pituitary microadenoma and remanded the issues of service connection for left shoulder condition, right shoulder condition, degenerative disc disease (DDD) of the lumbar spine, and initial compensable rating for bilateral hearing loss.

The Board has determined that the Veteran's low back disorder is service-connected, as it was incurred during his military service.

The Veteran's claims of service connection for left shoulder, back, and bilateral knee disabilities are granted. The claim for dry eye disability is remanded.

The Veteran's lumbar degenerative disc and joint disease with herniated nucleus pulposus at L4-L5 and L5-S1 is currently rated as 40 percent disabling since July 23, 2008. The issue of a higher evaluation remains pending.,Prior to December 21, 2015, the Veteran's total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further review.

The Board has remanded the case due to insufficient evidence for some issues, including service connection for a bilateral foot condition.

The Veteran's claim for a higher rating for his service-connected back disability is being remanded due to the need for additional development and review of new evidence.

The Veteran's request to reopen his claim for service connection of a right foot disability is granted. Service connection for right foot pes cavus is also granted. The remaining issues are remanded due to the need for additional medical opinions.

The Board granted service connection for obstructive sleep apnea secondary to service-connected persistent depressive disorder and awarded a noncompensable initial rating for lumbar strain and DJD. The effective dates for the awards were set at May 15, 2014.

The Veteran's service-connected disabilities (lumbar strain, spondylosis, tinnitus, and bilateral hearing loss) have prevented him from securing or following substantially gainful employment throughout the appeal period. As a result, he is granted a total disability rating based on individual unemployability.

The Board has remanded the cases due to insufficient opinions regarding whether the Veteran's back and ankle disabilities are related to service or service-connected conditions.

A 20 percent rating for left knee meniscal tear (previously rated as residuals of a mid-shaft fracture of the left tibia) is granted from March 9, 2009. The issues of entitlement to service connection for other disabilities are remanded.

The Board denied service connection for an acquired psychiatric disorder other than PTSD and a temporary total rating for hospitalization due to a low back disorder, finding that the evidence did not support these claims.

The Board has remanded the Veteran's claims for service connection for neck, low back, left knee, and syncope and orthostasis disabilities due to lack of sufficient evidence on whether these conditions are related to his active duty service.

The Veteran's claims for bilateral hearing loss, tinnitus, OSA, lumbar spine strain, migraine headaches, and duodenal ulcer were denied. The claim for increased rating of right lower extremity radiculopathy was remanded. Service connection for chronic fatigue, hypertension, hepatitis C, and an acquired psychiatric disorder (depressive disorder with anxious distress) is also remanded.

The claim of entitlement to service connection for a low back disorder is remanded due to the need for another VA examination.

The Veteran's claims for a compensable rating for bilateral hearing loss and an effective date earlier than September 24, 2012 for right knee DJD and thoracolumbar spine DDD with sciatica were denied. The Board found that the evidence did not support earlier effective dates as there was no formal or informal claim received prior to September 24, 2012.

The Veteran's PTSD is rated at 70% and he is granted TDIU based on his service-connected disabilities, including PTSD. The effective date for the PTSD rating remains pending as it was not specified in this decision.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they do not render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the claims for service connection for bilateral foot, low back, hip, and knee disabilities due to insufficient evidence regarding their onset during active duty. The Veteran's eligibility for nonservice-connected pension benefits is also remanded as information on his periods of service is needed.