Back / lumbar spine decisions — 2019

The Board has reopened the Veteran's claims for service connection for chronic low back disability and ventral hernia, postoperative. The claims are remanded to allow for further development.

The Veteran's lumbar and thoracic spine disability is granted a 40% rating effective March 7, 2018. The claims for higher ratings prior to March 7, 2018 and June 22, 2017 are remanded.

The Veteran's claims for service connection for low back disability and hepatitis C were denied as new and material evidence was not received.

The Board has denied service connection for a lung disability and low back disability, finding that the preponderance of evidence is against these claims. The claim for an initial compensable rating for bilateral hearing loss was also remanded due to insufficient medical records. Service connection for esophageal cancer and skin condition were also remanded.

The Board dismissed the appeal for entitlement to a TDIU and granted service connection for tinea versicolor. The issues of an initial evaluation in excess of 10 percent disabling prior to February 24, 2009, and in excess of 20 percent thereafter for a left knee disability, as well as an initial compensable evaluation for service-connected left knee scars associated with the left knee meniscal tear are remanded. The issue of service connection for a low back disability is also remanded.

The Veteran's PTSD is rated at 100 percent disabling and his service-connected low back and right knee disabilities are remanded for further examination.

The Veteran's claim for service connection for a low back disability was reopened and remanded due to the need for additional medical examination.

The Veteran's service-connected disabilities do not meet the schedular criteria for a total disability rating based on individual unemployability (TDIU) due to his combined rating of 60 percent. The case is being referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's appeal for higher ratings for his low back disorder has been dismissed as he withdrew the appeal in its entirety.

The Board has granted service connection for degenerative disc disease of the lumbar spine, finding that the Veteran's current disability is related to an in-service back injury. The issue of entitlement to service connection for sleep apnea was dismissed due to withdrawal by the Veteran's representative.

The Veteran's service connection claims for hypertension, left foot disability, right foot disability, PTSD, lumbar spine disability, and right knee disability were denied. The Veteran's claim for increased ratings of his bilateral foot disabilities was also denied.

The Board has granted service connection for a low back condition and a bilateral hip condition, finding that the Veteran's current pain is related to his in-service injuries.

The Veteran's lumbar spine disability and associated radiculopathy of the lower extremities are rated at 40 percent, effective from November 3, 2010. A total disability rating due to individual unemployability is granted.

The Veteran's service records do not show any complaints or treatment for unspecified joint pain, irritable bowel syndrome, tinnitus, PTSD, neck disability, back disability, or hernia. The Board finds that the evidence does not support a finding of service connection for these conditions.,There is no evidence linking the Veteran’s dental condition to his period of active service.

The Veteran's cervical degenerative disc disease is granted service connection.,The Veteran's claim for an earlier effective date of service connection for migraine headaches is dismissed as the Veteran withdrew his appeal.,Special monthly compensation based on housebound status from September 1, 2016 is denied.,Service connection for left knee conditions (limitation of extension and limitation of flexion) is granted with an effective date of May 23, 2016. The Veteran's claim for an earlier effective date remains pending.,The Veteran's increased rating claims for left knee conditions are remanded.

The Veteran's appeals for service connection on four different conditions (bilateral shoulder, bilateral hand, cervical spine, and lumbar spine disabilities) have been dismissed due to the death of the Veteran.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's cervical spine disability. The issue of service connection for a cervical spine disability is now before the Board.

The Board has remanded the claims for service connection due to a lack of compliance with previous remand instructions. The Veteran's right hip, bilateral ankle, and lumbar spine disabilities are being reviewed again.

The Board has reopened the claims for service connection of hypothyroidism and TMJ, but denied service connection for low back disorder. The Veteran's headaches are not found to be related to her service-connected TMJ.

The Veteran's claim for a higher initial rating for his left lower leg scar is remanded due to the need for a new VA examination.,The Veteran's claim for service connection for bilateral hearing loss is remanded as there may have been a worsening of his hearing since the last VA examination, and additional records are needed. The matter will also be remanded if more recent treatment records show diagnosed PTSD.,The Veteran's claim for service connection for a back disability is remanded due to the need for new VA examination records including MRI results.