Back / lumbar spine decisions — 2019

The Veteran's service-connected conditions have been granted effective July 18, 2013.

The Veteran's lumbar spine disability has been granted an initial 20 percent rating effective June 1, 2008.

The Veteran's claim for TDIU is denied as the effective date cannot be earlier than June 16, 2000 due to when service connection was established. The Veteran's eligibility for DEA benefits is also denied as his combined disability rating prior to that date was 0 percent.

The Veteran's motion to vacate a May 6, 2016 Board of Veterans' Appeals decision denying service connection for a back disability is granted. The issue of service connection for the back disability is remanded due to constructive possession of additional relevant evidence.

The Veteran's claim for service connection for a right knee disability has been granted. The Board also found that new and material evidence had been received to reopen the claims of service connection for low back and right hip disabilities, but remanded these issues due to insufficient medical opinions.

The Veteran's appeals for service connection and increased evaluation of various conditions have been dismissed due to his withdrawal of the appeals prior to the Board's decision.

The Veteran's back disability is granted as secondary to his service-connected coronary artery disease (CAD).,The Veteran's CVA is granted, with reasonable doubt resolved in his favor.,Service connection for bladder cancer is denied.

The Veteran's service-connected disabilities did not prevent him from obtaining or retaining substantially gainful employment prior to July 2012, and the Board denied his claim for TDIU on an extra-schedular basis.

The Veteran's chronic bilateral eye photophobia and right upper extremity ulnar neuropathy are granted service connection. His hypertension is denied, as there is no evidence of its onset during or within one year after his service. The reduction in rating for the upper lumbar spine disability from 60 percent to 20 percent was proper, but the discontinuation of TDIU based on this rating change is denied.

The Board has determined that a new VA examination is needed to properly assess the Veteran's service-connected low back strain, as her previous examination did not consider her complaints of pain and flare-ups.

The Veteran's service-connected lower extremity orthopedic disabilities rendered him unable to secure or follow a substantially gainful occupation for the period November 1, 2010 to March 9, 2013. The Board granted a TDIU based on this.

The Veteran's claim for service connection for bilateral hearing loss is denied. The Board found no evidence of a current right ear hearing loss disability and concluded that the left ear hearing loss is not related to his service. For the low back disability, a 20 percent rating is granted from October 9, 2018; ratings in excess are denied.

The Board has granted service connection for OSA, but remanded the claims for lumbar spine and left knee disabilities due to insufficient evidence.,Service connection for OSA is granted as it is found to be etiologically related to the Veteran's service-connected PTSD.

The Board has remanded the Veteran's claims for earlier effective dates and increased ratings due to incomplete development of records.

The Board has determined that the Veteran's claimed conditions, including lumbar spine disorder, left-leg residuals of broken leg, right-knee disorder, right-ankle disorder, left-ankle disorder, obstructive sleep apnea, hypertension, gastroesophageal reflux disease (GERD), hiatal hernia disorder, right-lower-extremity radiculopathy, and acquired psychiatric disorder (PTSD and depression) are not service-connected.

The Veteran's 20% rating for low back disability is restored, and a 20% rating is granted for right knee tendonitis. The Veteran does not meet the criteria for a higher rating at any time during the appeal period.

The Veteran's claims for service connection for various disorders, including right shoulder disorder, left wrist disorder, right wrist disorder, back disorder, right hip disorder, left hip disorder, right ankle disorder, left foot disorder, and right foot disorder are all denied as there is no evidence of a current disability or a link to service.,The Veteran's claim for service connection for costochondritis is also denied due to lack of objective medical evidence.

The Board has remanded the Veteran's claims for service connection due to incomplete medical records and a need for further examination.

The Veteran's service-connected disabilities rendered him unable to engage and retain substantially gainful employment for the rating period prior to April 19, 2017.

The Veteran's lumbar spine disability is currently rated at 20 percent since April 24, 2017.,The Veteran's right lower extremity radiculopathy is currently rated at 10 percent since April 24, 2017.