Back / lumbar spine decisions — 2019

The Board denied the Veteran's claims for service connection for lumbar spine disability, right knee disability, left knee disability, and hypertension as there was no evidence of a chronic condition in service or within one year after separation from service.

The Veteran's claims for higher ratings for his service-connected low back disability and TDIU are being remanded due to the addition of new evidence. The AOJ will obtain updated treatment records, including those related to back surgery in April 2019 or prescribed bed rest, as well as any SSA disability records if applicable.

The Veteran's appeal is remanded for additional development to determine the nature and etiology of any back disability, thoracic neuritis, left and right knee disabilities, sinus headaches, and major depressive disorder with social anxiety. The effective date for service connection will be determined based on the evidence.

The Veteran's claims for service connection for various conditions, including upper back disability, hypertension, respiratory disability (due to asbestos exposure), leukemia, and thymoma cancer with hyperpigmentation and surgical scar, are being remanded due to the need for additional medical examinations and opinions.,Specifically, the Board is requesting that VA provide a medical examination and opinion regarding the nature and etiology of these conditions.

The Board denied the Veteran's claims of service connection for bilateral hallux valgus and low back disability, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim. The Board also found no evidence linking the current disabilities to service.

The Veteran's bilateral knee disability is service-connected, and his lower back and hip disabilities are also service-connected as secondary to the knee disability. The Board has granted these claims.

The Board denied service connection for mild degenerative disc and joint disease at L4-5, L5-S1 with intermittent radiculitis, right lower extremity and right SI joint dysfunction as the Veteran's current diagnosed condition was not first manifested on active duty or within any applicable presumptive period.

The Veteran's back disability is denied as there is no evidence of a current disability related to service.,Service connection for the status post hysterectomy is denied due to lack of an in-service event, injury or disease and because her diagnosis was not caused by service.,Herpes zoster is denied as there are no current findings of the condition.

The Veteran's service connection claims for bilateral hearing loss, hypertension, and asthma have been granted. The claim for a higher rating for tension headaches has been denied. The claims for evaluations greater than 10 percent for degenerative joint disease of the cervical spine and lumbar spine are remanded. Service connection for asthma is also remanded.

The Board has denied the Veteran's claims for service connection for diabetes mellitus, low back and bilateral hip disability, neck disability, left foot disability, right foot disability, and acquired psychiatric disorder due to lack of evidence showing in-service incurrence or continuity of symptomatology. The case is remanded for further development.

The Board has remanded the Veteran's claims for service connection, rating increases, and TDIU due to inadequate opinions in his previous VA examinations. The cases are being returned for further development.

The application to reopen the previously denied claim for service connection for a cervical spine disability is denied.,Service connection for a lumbar spine disability is denied.,Service connection for a right knee disability is denied.,Service connection for a left knee disability is denied.,Service connection for bilateral pes planus is granted.,Service connection for plantar fasciitis is denied.,Service connection for COPD is denied.,Service connection for sleep apnea is denied.,Service connection for a libido condition, to include erectile dysfunction, is denied.,Service connection for a disability manifested by insomnia is denied.

The Board has restored service connection for degenerative arthritis of the lumbar spine with related bilateral lower extremity radiculopathy, left and right, as it is not clear that the original decision was clearly erroneous.

The Veteran's claim of service connection for an acquired psychiatric disorder was granted, rendering the appeal moot.,The Veteran withdrew his appeals on multiple other issues.

The reduction in disability rating for the Veteran's service-connected degenerative arthritis of the lumbar spine from 40 percent to 10 percent was improper and restored the original 40 percent rating. The increased disability rating claim for the same condition was denied.

The Veteran's claim for a rating in excess of 10 percent for lumbar spine arthritis was denied. The VA examinations and treatment records do not show that the Veteran’s symptoms included forward flexion limited to 60 degrees or less, combined range of motion limited to 120 degrees or less, or muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.

The Veteran's penicillin allergy was aggravated during service, and his migraine headaches began during service. Service connection is granted for these conditions.

The Board denied the Veteran's claims for service connection for left knee arthritis, right knee arthritis, and a lower back disability as secondary to his service-connected bilateral leg disabilities.

The Board has remanded the case for further development and an independent medical expert opinion to determine if the Veteran's death was caused by medications prescribed for his service-connected disabilities, or if there were any issues with VA care that contributed to his death.

The Board has decided that the Veteran's low back disability and TDIU claim need further evaluation due to inadequate medical opinions and outstanding private treatment records.