Back / lumbar spine decisions — 2019

The Veteran's appeals for various disability ratings have been dismissed due to the withdrawal of the appeals by the Veteran through his representative.

The Veteran's degenerative disc disease of the lumbar spine is considered to have started during his military service and is therefore granted as service-connected.

The Board has denied service connection for a lumbar spine injury but granted service connection for an unspecified depressive disorder. The Veteran's current lumbar spine injury and depressive disorder are not currently shown to be related to his military service.

The Board denied service connection for a lumbar spine disorder and hypertension (HTN) as there was no evidence of a nexus between the current conditions and active duty service.

The Board has remanded the Veteran's claims for an effective date prior to February 14, 2014 for TDIU and prior to October 5, 2017 for DEA eligibility. The claims are being referred to the Director of Compensation Service for consideration of a TDIU on an extraschedular basis.

The Board has remanded the Veteran's claims for service connection for chronic sinus disease, low back disorder, headaches, and obstructive sleep apnea due to conflicting medical opinions and lack of clear evidence.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, granting his claim for TDIU.

The Veteran's service-connected PTSD is now rated at 70 percent, effective December 18, 2012. Service connection for obstructive sleep apnea and a headache disorder are granted as secondary to the service-connected PTSD.

The Veteran's claims of service connection for cervical spine, lumbar spine, hyperlipidemia, cerebrovascular accident, erectile dysfunction (secondary to prostate cancer), urinary incontinence (secondary to prostate cancer), hypertension, and an acquired psychiatric disorder have been withdrawn.,The Veteran does not have current diagnoses of erectile dysfunction or urinary incontinence.

The Veteran's service connection claim for residuals of left shoulder surgery is granted. The Veteran's increased disability evaluation claim for degenerative disc disease with mild bilateral facet arthrosis at L3, L4, L5 is also granted, with a 20% rating effective from October 16, 2017.

The Veteran's claims for increased disability evaluations for lumbosacral strain with degenerative disc disease and migraine headaches are being remanded due to the need for additional examinations.

The Veteran's tender low back scar is granted a 10 percent rating, while the lumbar spine disability remains at 20 percent.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and a left knee disability, finding that there was no clear and unmistakable evidence of aggravation during service and that both conditions pre-existed service.

The Veteran's low back and cervical spine conditions are rated at the maximum available under the applicable diagnostic codes, and a higher rating is not warranted. The CAD condition has also been appropriately rated.

The Veteran's claims for increased evaluations for his service-connected lumbosacral sprain/strain and melanoma status post surgery residual scar are being remanded due to the need for additional examinations to assess the current severity of these conditions.

The DIC claim is denied because the Veteran's service-connected disabilities were not continuously rated totally disabling for a period of 10 or more years prior to his death. The cause of death claim is remanded as an addendum opinion is needed.

The Veteran's service connection for peripheral neuropathy of the right lower extremity, left lower extremity, right upper extremity, and left upper extremity has been granted as secondary to his service-connected diabetes mellitus type II.,The Veteran's acquired psychiatric disorder (including dysthymic disorder, depression, and PTSD) claim was reopened with the grant of secondary service connection for PTSD.

The Board has granted service connection for bilateral hearing loss and tinnitus, but has remanded the issues of service connection for lumbar spine degenerative changes with diffuse disc bulge, hypertension, and chronic kidney disease due to exposure at Camp Lejeune.

The Veteran's lumbar spine disability was granted a 40% rating effective July 22, 2014.,Left lower extremity radiculopathy prior to March 2, 2019 is not entitled to a separate compensable rating.,Right lower extremity radiculopathy is not entitled to a separate compensable rating.,Left lower extremity radiculopathy from March 2, 2019 is denied an increased rating greater than 10%.

The Veteran's lumbar spine, cervical spine, radiculopathy of the lower extremities, and bilateral ankle disabilities are all granted service connection.,Service connection is also granted for the Veteran's right wrist disability, bilateral hearing loss, tinnitus, and major depressive disorder.