Back / lumbar spine decisions — 2019

The Veteran's claim for a rating in excess of 20 percent prior to May 30, 2015, for his back disability is denied.

The Veteran's left and right wrist symptoms are attributed to his service-connected fibromyalgia. The Board finds that the weight of evidence is against the Veteran’s claim for a separate diagnosis of a left and right wrist disorder other than fibromyalgia.

The Board has remanded several issues for further development and consideration, including service connection claims for various conditions such as hearing loss, tinnitus, degenerative disc disease of the lumbar spine, cellulitis, PTSD, and a fractured right mandible. The effective date for the grant of service connection for tinnitus remains April 3, 2013.

The Board has reopened the claim of entitlement to service connection for a bilateral knee disability, but denied the individual claims for carpal tunnel syndrome and back condition.

The Veteran's service-connected surgical scar associated with degenerative joint disease of the lumbosacral spine does not meet the criteria for a compensable disability rating as it is not deep or cause limited motion in an area exceeding 6 square inches (39 sq. cm.).

The Veteran's claim for service connection for a bilateral eye condition has been denied as new and material evidence was not received. The claims for an effective date earlier than July 23, 2013, for increased ratings of the back disability and service connection for lower extremity radiculopathy have also been denied.,The Veteran's claim for service connection for a psychiatric disability has been remanded as she did not undergo a VA examination to assess her current level of disability. The claims for service connection for chronic allergies and partial hysterectomy have also been remanded.

The Veteran's claim for a rating greater than 10 percent for his lumbar spine disability prior to June 1, 2018 is granted. The Veteran's claim for service connection for headaches has been reopened.

The Board denied the Veteran's claim for service connection for lower back disorder with degenerative changes, finding that there was no evidence of in-service injury or disease and that any current condition is more likely due to his occupation as a construction worker after active duty.

The Board has reopened the claims for service connection for a low back disability, residuals of right ear cyst removal, and diabetes mellitus due to new evidence submitted since the final decisions. The claim for service connection for an acquired psychiatric disability (PTSD, depression, anxiety) remains pending as it was not reopened.,Service connection is being remanded for the low back disability, residuals of right ear cyst removal, and diabetes mellitus due to unresolved issues regarding exposure to herbicides during service.

The Board denied service connection for a lumbar spine disability and a bilateral hip disability, finding that these conditions are not related to service or the Veteran's service-connected left ankle condition.

Service connection for erectile dysfunction, mood disorder, and sleep apnea is granted. Effective dates are set at April 12, 2016. Service connection for other conditions remains denied.

The Veteran's claims for service connection were denied due to lack of evidence. The claim for degenerative disc disease, lumbar spine was reopened and granted. The claims for spondylosis, cervical spine and status-post injury, left upper extremity remain denied.

The Board has remanded the Veteran's claims due to insufficient evidence regarding his claimed conditions and their relationship to service. The Veteran is required to provide additional medical opinions on the etiology of his diagnosed conditions.

The Board denied service connection for a back disability, finding that the Veteran's current condition is not related to his active service and lacks continuity of symptomatology.

The Veteran's acquired psychiatric disabilities, including PTSD, mood disorder, anxiety disorder, and chronic depression, are granted. Service connection is denied for OCD, dissociative identity disorder, bipolar disorder, bilateral hearing loss, and obstructive sleep apnea.

The Veteran's service connection claim for borderline personality disorder was denied. The appeal regarding the initial rating higher than 20 percent for low back disability prior to March 20, 2006 was dismissed as moot due to a change in his PTSD status. A rating of 40 percent for low back disability beginning June 22, 1998 was granted. The appeal regarding the initial rating higher than 40 percent for low back disability after June 22, 1998 and the claims for right and left lower extremity radiculopathy were denied.

The Veteran's lumbar radiculopathy of the left lower extremity is rated at 60 percent effective September 17, 2010. The issue of right lower extremity radiculopathy is under the Board’s jurisdiction as part and parcel with the evaluation of the spine.

The Veteran's initial service connection for his back disability was granted in June 2017, but the current rating is not considered adequate. The Board has ordered a remand to obtain updated treatment records and schedule an examination to reassess the severity of his condition.

The Veteran's claims for service connection for a right knee disability, earlier effective date for service connection for paranoid schizophrenia, and effective dates prior to February 23, 1999 for basic eligibility for dependents educational assistance (DEA) and total disability rating based on individual unemployability due to service connected disabilities (TDIU) are being remanded.,The Veteran's claims for extraschedular ratings for esophagitis and gastritis and lumbar spine disability are also being remanded.

The Veteran's low back disability is denied as there is no evidence of a current disability related to service.,Service connection for sleep apnea is denied due to lack of a diagnosed condition during the appeal period.,Service connection for hypertension is granted, with an initial rating of 30 percent based on recurrent stone formation requiring treatment.,The Veteran's nephrolithiasis is rated at 30 percent under Diagnostic Code 7508.