Back / lumbar spine decisions — 2019

Service connection is granted for tinnitus, lumbar spine degenerative disc disease, and sleep apnea.,The Veteran's acquired psychiatric disorder claim remains pending.

The Veteran's lumbar spine, left ankle, and right ankle disabilities are granted service connection. His sinusitis is granted a 30% rating.

The Board has decided to remand the case due to inadequate examination in addressing the Veteran's claim for service connection of a low back disability. The examiner must address whether the Veteran’s pre-service rib fracture caused his current low back disability and if he experienced ongoing back pain since the pre-service automobile accident.

The Veteran's claims for increased evaluations of degenerative disc disease (DDD) of the lumbar spine and DDD of the cervical spine were dismissed by the Board in May 2014. The appeals are without legal merit, and must be dismissed.,Effective dates prior to July 10, 2003, for service connection of radiculopathy of the right lower extremity and radiculopathy of the left upper extremity were denied. Effective dates of August 16, 2006, but no earlier, for these disabilities were granted.,The Veteran's claim for an initial evaluation in excess of 10 percent for radiculopathy of the right lower extremity prior to October 25, 2012, and from October 25, 2012, was denied.

The Veteran's claim for higher ratings and initial rating issues have been remanded due to the need for further examination and evaluation.

The Veteran's appeals for service connection on remand include broken right hand, low back disability, left knee injury, TBI with residual effects and cognitive disorder, and a scar. The claims are being returned to the RO for additional development of records.

The Veteran's claims for service connection for degenerative joint disease of the lumbar spine with neuropathy and tinnitus are granted. The diagnoses were established during a presumptive period following his Gulf War service.

The Board has remanded the case due to incomplete development and requests for additional information from the Veteran. The lumbosacral strain claim is pending.

The Veteran's left shoulder disability is rated as noncompensable, and the Board finds no basis to grant a compensable rating.,The Veteran's lower back disability is currently rated at 20 percent. The Board finds no basis to grant an evaluation in excess of 20 percent.

The Veteran's claim for service connection for fertility issues is denied as there is no evidence of a current disability or in-service injury related to the claimed condition.,Prior to February 12, 2019, the Veteran's claim for an increased evaluation for degenerative joint disease/lumbar strain was denied. From February 12, 2019, the Veteran is granted a 40% evaluation.

The appeal to reopen a claim of service connection for a right shoulder disability is granted.,The appeal to reopen a claim of service connection for a low back disability is granted.,The appeal to reopen a claim of service connection for a right knee disability is denied.,The appeal to reopen a claim of service connection for a left knee disability is denied.,The appeal to reopen a claim of service connection for a respiratory disability (claimed as asthma) is granted.,The appeal to reopen a claim of service connection for allergies is denied.

The Board denied service connection for a back disorder, left hip disorder, right hip disorder, and right foot disorder. Service connection was granted for depression and obstructive sleep apnea (OSA).,Service connection for bilateral peripheral neuropathy of the lower extremities was previously denied in 2010 and not reopened due to lack of new and material evidence.

The Board has remanded the Veteran's claims for service connection due to incomplete information and need for further medical examination. The issues include lumbar spine disability, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy.

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

The Veteran's claims for increased ratings and TDIU have been remanded due to incomplete development.

The Veteran's claims for service connection have been granted for right hip, neck, and lumbar spine disabilities. His acquired psychiatric disorder is also found to be related to his military service.

The Veteran's sleep apnea and lumbar spine disorder are granted service connection. The joint pain issue is remanded for further examination and opinion.

The Veteran's gout is granted a 20% rating prior to October 12, 2013. The Board found that the evidence supported this rating based on the Veteran experiencing 1-2 exacerbations per year of his service-connected gout.

The Veteran's claims for higher ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection, except for remanding one issue.

The Board has remanded the case due to insufficient evidence regarding service connection for low back disability, including a lack of an adequate nexus opinion and missing service treatment records from February 1996 to February 1999.