Back / lumbar spine decisions — 2019

The Veteran's initial claim for a higher rating for thoracolumbar spine scoliosis with spondylosis and degenerative disc disease was granted, but the issue of an increased rating remains pending. The cervical spine disability is denied, and the urinary incontinence disorder and respiratory disorder are remanded.

The Veteran's claim for service connection for a back disorder is reopened, and he is granted service connection for lumbar degenerative disc disease and thoracic spondylosis. Service connection is also granted for mood disorder as caused by service-connected lumbar degenerative disc disease and thoracic spondylosis and bilateral pes planus with hallux valgus.

The Board has determined that the Veteran's tinnitus is related to service, and remands for further examination of his bilateral hearing loss, bilateral foot, low back, left knee, and right knee disabilities.

The Veteran's back disability is currently rated at 20 percent, effective from April 9, 2014. The Board finds that the evidence does not support a higher rating for any period.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's low back condition, as the current medical opinion does not address this issue adequately.

The Board granted service connection for a back disability, bilateral hip disability, bilateral knee disability, bilateral leg numbness, OSA as due to in-service exposure to an herbicide agent, cardiovascular disability (including atrial fibrillation or coronary artery disease) and skin cancer all as due to in-service exposure to an herbicide agent. The effective date of the rating for these conditions is March 3, 2016.

The Board denied the Veteran's claims for service connection for low back and neck conditions, finding that there was no evidence linking these conditions to his military service or to his service-connected bilateral knee disabilities.

The Board has decided to remand the case due to the need for a VA examination to determine the nature and etiology of the Veteran's low back disorder.

The Board has decided to remand the claim of service connection for a low back disability due to insufficient evidence in the August 2011 VA examination.

The Veteran's appeals for increased ratings for headaches, bilateral knee degenerative joint disease, and lumbar spine degenerative facet arthropathy have been dismissed. The appeal for service connection for hypertension has been remanded.

The Veteran's claims for hypertension, an acquired psychiatric disorder (to include depression and anxiety), cervical spine DDD and IVDS, left ankle OA, and OSA as secondary to cervical spine DDD and IVDS have been granted.,New evidence has reopened the Veteran's previously denied claims of service connection for hypertension and an acquired psychiatric disorder.

The Board has granted service connection for a low back disability and radiculopathy of the sciatic nerve of the bilateral lower extremities, finding that these conditions are related to the Veteran's active duty service.

The Veteran's appeal regarding a rating in excess of 20 percent for lumbar spine degenerative arthritis is dismissed. The Board has also remanded the issue of service connection for cervical spine degenerative arthritis.

The Veteran's thoracolumbar degenerative joint and disc disease is granted a 40% evaluation, effective February 2, 2010. The left lower extremity radiculopathy associated with the back condition remains at a 20% evaluation.

The Veteran's dental and lumbosacral disabilities are being remanded for further examination to determine their current severity.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's current low back disability and his service-connected cervical spine degenerative joint and disc disease. The examiner is requested to provide an opinion on whether the Veteran's current low back disability is related to in-service injury, event or disease, caused by service-connected cervical spine disability, or aggravated beyond its natural progression.

The Veteran's service-connected disabilities have been rated at 90 percent disabling since September 23, 2012. The Board has granted restoration of disability ratings for migraines, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity, as well as TDIU from September 23, 2012 to September 22, 2013.

The Veteran's acquired psychiatric disorder and DDD of the lumbar spine are rated at 50% and 20%, respectively, effective September 14, 2016. The Board granted a TDIU on a schedular basis as of that date.

The Veteran's claims for service connection for right shoulder and cervical spine disorders have been granted. His claim for an increased rating of the lumbar spine disability has also been granted, with a current evaluation of 20 percent prior to September 14, 2017.

The Veteran's claim for service connection for a bilateral hearing loss disability is denied as he does not have a current hearing loss disability in either ear for VA purposes.,Service connection for prostate cancer is denied because the evidence does not support a finding that it had its onset during or within one year after service, and there is no medical evidence linking it to service.,Service connection for diabetes mellitus, type II, is denied as the evidence does not establish a nexus between the disability and service. The earliest diagnosis was more than 30 years after separation from service.,The Veteran's claim for an initial rating in excess of 20 percent for lumbar strain with levoscoliosis and degenerative joint disease is denied because his symptoms do not meet the criteria for a higher rating under the General Rating Formula.