Back / lumbar spine decisions — 2019

Service connection is granted for cervical and thoracolumbar spine disabilities, diagnosed as degenerative disc disease and degenerative joint disease, both determined to be related to service.

The Veteran's death was caused by end stage renal disease, which may be related to his service-connected prostatitis. The Board has remanded the case for a medical opinion regarding the relationship between the Veteran’s service-connected disabilities and his cause of death.

The Veteran's TDIU claim is granted due to the combined effects of his service-connected disabilities, which render him unemployable.

The Veteran's right lumbar radiculopathy is granted, and for the entire rating period on appeal, a 40 percent disability rating for left lumbar radiculopathy involving the sciatic nerve is granted.

The petition to reopen the previously denied claim of service connection for bilateral ingrown toenail disability is denied. Entitlement to service connection for a headache disability is denied. An effective date of September 15, 2013, but not earlier, for the assignment of a 10 percent rating for a lumbar spine disability is granted. The Veteran's claims for service connection for bilateral elbow strain, bilateral lower extremity radiculopathy, and an acquired psychiatric disorder are remanded.

The Veteran's depressive disorder and obstructive sleep apnea are granted service connection, but his cervical spine disability and thoracolumbar spine disability are denied. The left ankle disability is rated at the maximum allowed (40%), and a compensable evaluation for the residual scar is also denied.

The Board has decided to remand the case due to insufficient objective data and lack of consideration of lay statements in a previous VA opinion. The Veteran's claim for service connection for low back disability is being sent back for further development.

The Veteran claims additional disabilities resulting from a wheelchair accident at a VA hospital. The Board finds that the private operative report is needed to determine if the claimed injuries are related to the incident.

The Veteran's back disability, unspecified depressive disorder with anxious distress features, and migraine headaches are all found to be aggravated or caused by his service-connected bilateral pes planus and ankle strain.,Service connection is granted for these conditions as secondary to the service-connected disabilities.

The Veteran's low back disability and jaw deviation with severe pain, locking, and stiffness are granted service connection. The Veteran is also granted a 30% initial rating for his scar residual on the right side of the face.

The Board has denied the Veteran's claims for service connection for a low back disorder and an initial evaluation in excess of 50 percent for unspecified anxiety disorder with insomnia disorder. The case is being remanded to obtain updated medical records and to schedule the Veteran for a VA examination.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of a chronic disabling condition during or immediately following service and concluding that any current low back disabilities were not caused by an in-service injury.

The Veteran's service connection claims for a back disability, hypertension, benign prostatic hypertrophy, left upper extremity neuropathy, right upper extremity neuropathy, and depressive disorder have been granted. However, the initial rating assigned is zero percent (noncompensable) for hearing loss and tinnitus.

The Veteran's claim for an initial rating higher than 20 percent for diabetes mellitus, type II was denied. The Board also found that the issue of entitlement to a total disability rating based on individual unemployability prior to February 9, 2015, due to service-connected disabilities, should be remanded as it does not meet the schedular criteria but may potentially qualify for extraschedular consideration.

The Veteran withdrew his appeals for all issues on appeal, including service connection claims and rating determinations.

The Board has denied service connection for bilateral hearing loss, headaches, and acquired psychiatric disorder. The Veteran's claim for a rating in excess of 10 percent for tinnitus is remanded. Service connection claims for left knee disability, back disability, and sleep apnea are also remanded.

The Board has granted the Veteran's petitions to reopen his previously denied claims of service connection for left knee disability, right knee disability, and low back disability based on receipt of new and material evidence. The appeals are now remanded for further development.

The Board has dismissed the appeals as the Veteran died during the appeal process and thus, does not have jurisdiction to adjudicate the merits of these claims.

The Veteran's degenerative arthritis of the lumbar spine was found to have manifested within one year after his separation from service, and thus is presumed to be related to his military service. The Board granted service connection for this condition.

The Board has decided to remand the case due to the need for a VA examination to determine the nature, etiology, and functional impairment of any disability resulting in the Veteran's low back disorder.