Back / lumbar spine decisions — 2019

The Board has remanded the claims of service connection for low back disability and bilateral hearing loss due to insufficient evidence on file.

The Board has found that the Veteran's claims for service connection for degenerative disc disease of the lumbar spine without muscle spasm or radiculopathy and a right leg injury require further examination to determine their etiology.

The Board has denied the Veteran's claim for service connection for a lumbar spine disability, finding that her current condition is not related to service and does not meet the criteria for secondary service connection due to her service-connected pes planus with plantar fasciitis.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) from October 1, 2015 due to lack of evidence showing he was unable to secure or follow substantially gainful employment.

The Veteran's service-connected right and left shoulders have been rated at 20 percent since March 1, 2010. The claims for higher ratings remain denied.,Service connection has not been granted for the Veteran’s thoracic strain and lumbar spondylosis.

The Board has denied service connection for bilateral hearing loss and granted service connection for tinnitus. The remaining claims of entitlement to service connection for right foot injury, right finger deformity, right wrist injury, depression with alcohol abuse, and a back condition are remanded.,An addendum opinion is needed regarding the current severity of the Veteran's service-connected left knee degenerative joint disease.

The Veteran's claims for service connection for various conditions have been denied. The Board found no new and material evidence to reopen the cervical spine disorder claim, as there was no etiological opinion linking the current condition to military service.,For the lumbar spine disorder, the Board also found no new and material evidence, as the Veteran's statements did not provide any additional information or opinions regarding a link between his military service and the diagnosed condition. The same conclusion was reached for other conditions such as left knee, right knee, left ankle, right ankle, left foot, right foot, cardiomegaly, hernia disorder, and gastroesophageal reflux disease (GERD).

The Veteran's lumbar spine degenerative disk disease and degenerative joint disease with intervertebral disk syndrome are currently rated at 20 percent, which is the maximum schedular rating available for this condition.,The Veteran's right lower extremity sciatica is currently rated at 20 percent. The Board found that it does not meet the criteria for a higher rating based on moderate incomplete paralysis.

The Veteran's application for TDIU is incomplete and needs to be completed with additional information. The issue of TDIU is inextricably intertwined with the claim for service connection for a back condition, which was previously remanded by the Board.

The Board denied the Veteran's claim for an earlier effective date for additional compensation for his son, M.R., based on college attendance after he turned 18 years old. The appeal is dismissed as there are no legal grounds to grant the requested benefit.

The Veteran's bilateral hip and lumbar spine degenerative joint disease and arthritis are granted as secondary to his service-connected colitis. The rash is denied.

The Board has determined that the Veteran's low back disorder and lumbar degenerative joint disease are not service-connected due to lack of evidence linking these conditions to his active duty service. The case is being remanded for further development, including obtaining Social Security Administration records and scheduling a VA examination.

The Veteran withdrew his appeal, resulting in the dismissal of the case.

The Veteran's claim for service connection for a lumbar spine disability is granted, and his prostate cancer rating remains unchanged.

The Veteran's service connection claims for herniated disc, lumbar spine and thoracic spine degenerative arthritis, bilateral lower extremity radiculopathy, left shoulder degenerative arthritis and rotator cuff tear, bilateral ankle disability, and left flatfoot (pes planus) have all been granted. The initial ratings are 10% for rib pain status post fracture, with no higher.

The Board denied service connection for thoracolumbar degenerative joint disease and radiculopathy, right lower extremity due to the lack of evidence showing a direct relationship between these conditions and active military service.

The Board has reopened the claim of service connection for synovitis of the right ankle and granted it. The claims for vascular insufficiency and edema in the right lower extremity, back condition, and right knee condition are still pending.,Service connection was denied for vascular insufficiency and edema in the right lower extremity due to lack of evidence linking the condition to service.

The Board has remanded the cases for an addendum opinion regarding whether the Veteran's back, bilateral hip, and left knee disabilities are at least as likely as not aggravated by his service-connected right knee arthritis.

The Board denied a rating in excess of 40 percent for the Veteran's service-connected lumbar spine degenerative arthritis, finding that there was no evidence of ankylosis and that the condition did not meet criteria for higher ratings based on incapacitating episodes.

The Veteran's claim for an earlier effective date for special monthly compensation (SMC) based on the need for aid and attendance is denied because the earliest factually ascertainable date that he was entitled to SMC based on aid and attendance was September 23, 2013.