Back / lumbar spine decisions — 2019

The Veteran's claim for service connection for hypertension, as secondary to diabetes mellitus type II is reopened. The Board finds new and material evidence has been received.,Service connection for a back disability, variously claimed as spondylosis multilevel of the lumbar spine and as a lower back injury, is denied.

The Board has granted the Veteran's claim to reopen his service connection for a low back disability, finding that new and material evidence supports this claim. The Board also determined that service connection is warranted based on the evidence showing a current low back disability and a link between the in-service injury and the current condition.

The Board has remanded the Veteran's claims for service connection for thoracic and lumbar spine disabilities, as well as his claim for an increased rating for PTSD. The issues are being returned to VA for further development.

The Veteran's claim for service connection for degenerative disc disease has been reopened, but the issues of secondary service connection for osteomyelitis of the right fifth toe and major depressive disorder with anxiety to include as secondary to degenerative disc disease have been remanded due to insufficient evidence.

The Board denied the Veteran's claims of service connection for various conditions, including a back condition, bilateral leg condition, bilateral carpal tunnel syndrome, depression, and heart condition. The Board found that there was no evidence linking these conditions to service or within one year of discharge.

The Veteran's claim for a separate rating for arthritis of the lumbar spine has been denied as it is not separately compensable from his existing rating for degenerative disc disease.

The Board has remanded the issues of service connection for a back disorder, a chronic disability manifested by numbness in the legs (peripheral neuropathy), and a right knee disorder.,Further investigation and determination are needed to resolve these claims.

The Board has reopened the Veteran's previously denied claim for service connection of a low back disability and remanded the issue due to new evidence received. The psychiatric disorder claim is also being remanded as there are inconsistencies in the medical records regarding the onset and nature of the Veteran's psychiatric symptoms.

The Veteran's lumbar spine spondylolisthesis, status post laminectomy and fusion with residual scar is currently rated at 10 percent. The Board found that the evidence did not meet the criteria for a higher rating.,The Veteran's radiculopathy of the left lower extremity has been rated at 10 percent since July 14, 2016. The Board found no basis to grant a higher rating under Diagnostic Code 8620.

The Board denied service connection for bilateral hearing loss, cervical spine, lumbar spine, and foot disabilities due to lack of evidence showing in-service onset or continuity of symptoms.

The Board has dismissed the appeals for service connection and ratings for various disabilities, and has remanded issues related to left shoulder, low back, left ankle, right ankle, left knee, and right knee disabilities. The TDIU claim is also remanded.

The Veteran's petition to reopen claims for right wrist condition, bilateral knee conditions, and acquired psychiatric disorder were denied. The cervical spine and thoracolumbar spine conditions are also denied.

The Board has withdrawn the Veteran's appeals for right ankle disorder, heart disorder, IBS, and circumcision. The claim of service connection for a lumbar spine disorder is denied.

The Veteran's service-connected disabilities have rendered him unable to perform daily activities of living without the assistance of another, and he meets the criteria for SMC by reason of the need for regular aid and attendance from another person.

The Veteran's service connection claim for PTSD is granted, and the Board finds that his current symptoms are causally related to an in-service stressor. The claims for left knee injury, sinus disability, and low back disability are remanded due to insufficient evidence.

The Board has remanded the Veteran's claim for further development due to a failure to report for scheduled VA examinations. The matter is now pending and will be reconsidered after the requested examination is completed.

The Board denied service connection for a back disorder due to lack of evidence linking the current condition to service.,Tinnitus is currently rated at its maximum allowable rating under VA's disability rating schedule.

The Board has determined that the Veteran's cervical strain with degenerative disc disease is related to his military service and has granted service connection for this condition.

The Veteran's service-connected disabilities, including PTSD with major depressive disorder and lumbar spondylolysis, have rendered him unable to secure and follow a substantially gainful occupation. Effective May 13, 2011, the Veteran is granted TDIU.

The Veteran's claim for a higher initial evaluation for bilateral tinnitus has been denied as the maximum schedular rating of 10 percent is already assigned.,Service connection for cervical spine disability, lumbar spine disability, right upper extremity (RUE) disability, left lower extremity (LLE) radiculopathy, and right lower extremity (RLE) radiculopathy are remanded due to conflicting medical opinions regarding their etiology.,The Veteran's claim for a TDIU is also remanded as it may be affected by the outcome of his service connection claims.