Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for increased evaluations for PTSD, lumbar spine disabilities, and left sciatic nerve disability due to additional development being necessary.

The Board has granted a 40 percent initial rating for the Veteran's service-connected lumbar spine disability, taking into account functional impairment due to pain and stiffness during flare-ups. The maximum schedular rating under the General Rating Formula is awarded.

The Veteran's cervical spine degenerative disc disease was rated at 20 percent prior to October 29, 2007 and from February 1, 2008. The Board denied an increased rating as the disability did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied service connection for degenerative joint disease of the thoracolumbar spine, finding that there is no evidence of a chronic arthritic condition during or within one year after service. The Veteran's current diagnosis was not shown until over four decades later.,Service connection for peripheral neuropathy of the lower extremities was also denied as there is no evidence of such conditions in service and no continuity of symptomatology since service.

The Veteran's claim for service connection for PTSD was granted. The claims for service connection for a back disability, skin condition, chronic headaches, and Gulf War Syndrome were remanded due to insufficient evidence.

The Board has denied the Veteran's claims of service connection for right shoulder, lumbar spine, tension headaches (claimed as secondary to neck and back pain), right knee, and left knee disabilities. The evidence does not support a finding that any of these conditions were incurred or aggravated during active service.

The Veteran's appeal is remanded due to the need for additional medical examination and review of records, including private treatment records from 2009 to 2012. The examiner will assess the current nature and severity of his service-connected low back disability, determine if there are any new diagnoses, and provide an opinion on whether these conditions are related to service.

The Veteran's claims for service connection for bilateral hearing loss, low back disability (IVDS of the thoracolumbar spine), respiratory condition, and skin lesion of the left cheek have been denied. However, new evidence has been submitted to reopen these previously denied claims.,Service connection has now been granted for a low back disability (IVDS of the thoracolumbar spine). The Veteran's other claims remain denied.

The Veteran's lower back disability is being remanded for a new VA examination to assess its current severity.

The Board has remanded the Veteran's claims for additional development and examination to determine if his current disabilities are related to service, including any in-service injuries or exposure to herbicide agents.

The Veteran's low back disability is not service-connected as it did not manifest during or within one year after service and there is no evidence of continuity of symptomatology.,Bilateral hearing loss was not shown for VA purposes, thus the claim is denied.,Service connection for tinnitus is granted based on credible supporting evidence that the Veteran experienced acoustic trauma in service and has had constant ringing in his ears since then.,The acquired psychiatric disability (likely PTSD) is granted as there is a link between current symptoms and an in-service stressor, supported by lay testimony.

The Veteran received emergency medical treatment at Baylor Medical Center on August 19, 2013 due to severe leg pain and elevated blood pressure. The Board found that the nearest available appropriate level of care was at a non-VA medical center (Baylor Medical Center), and that there were no VA facilities feasibly available for immediate treatment. Therefore, payment is granted.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and lack of relevant VA treatment records. The issues include back, neck, asthma, COPD, sleep apnea, and cephalgia disabilities.

The Board has remanded the Veteran's claims for service connection for neck and low back disabilities due to insufficient evidence in the record, particularly regarding his reported in-service injuries as a radio operator in Vietnam.

The Board has decided that the Veteran's lumbar spine disability may be related to his service, but needs further examination and opinion to determine this.

The Board has granted service connection for right knee and left knee disabilities, as well as for cirrhosis of liver (hepatitis B), but has remanded the issues regarding right shoulder condition, bilateral foot condition, acid reflux, rashes over body, sinus and headache condition, and acquired psychiatric disorder.

The Veteran's service connection claim for Lyme disease was denied as there is no evidence of current disability.,Initial ratings for left and right wrist tendinitis were granted at 10% each, effective from the date of the decision.

The Board has remanded the claims of service connection for right hip, left hip, neck and back disabilities due to inadequate medical opinions. The Veteran's service treatment records include references to a motorcycle accident and surf rescue injuries. Further examination is needed to determine if these conditions are related to service.

The Board denied service connection for lumbar spine disability, right hip condition, right knee condition, GERD, and an acquired psychiatric disorder due to a lack of evidence linking these conditions to service.,No current diagnosed conditions were found in the Veteran's records that are related to his military service.

The claim for service connection for bilateral hearing loss has been reopened, and the appeal is granted. The claims of service connection for right knee disorder and low back disorder are remanded.