Back / lumbar spine decisions — 2019

The Veteran's appeal is remanded due to the need for a new VA examination of his service-connected back disability, as there are no recent records available.

The Veteran's appeals for skin and low back disabilities have been dismissed due to his death.

The Veteran's appeal for service connection for bilateral hearing loss and a rating in excess of 20 percent for low back disability was dismissed as the Veteran withdrew his appeals on March 25, 2015.

The Board dismissed the Veteran's claims of service connection and increased ratings for hypertension, rectal sphincter control, hemorrhoids, left ear hearing loss, low back arthritis, and bilateral ankle arthritis. The claim for a higher rating for depressive disorder was denied.

The Board denied the Veteran's claim for service connection for a lower back condition, including as secondary to his service-connected left knee. The Board found that there was no in-service event or aggravation related to the current condition and that the Veteran's condition is more likely due to factors such as age, weight, and repetitive stress from his occupation.

The Veteran's claim for an increased rating for tinnitus is denied as the current 10 percent rating already accounts for the impact of his tinnitus. The low back disorder and bilateral hearing loss claims are remanded due to outstanding VA treatment records.

The Veteran's claim for payment or reimbursement of private medical expenses at a non-VA facility is being remanded because the treatment was related to his service-connected lumbosacral spine condition.

The Veteran's mild left elbow tendonitis and anxiety disorder were denied. The right shoulder surgery was granted at a 30% rating, but not higher than the current 20%. The thoracolumbar spine condition with degenerative changes was granted at a 20% rating from June 18, 2015 to November 27, 2018. DEA benefits were denied.

The Board has remanded the cases due to insufficient evidence regarding the nature and etiology of the Veteran's foot disability, low back disability, and headaches. The Veteran is presumed to have been in sound condition upon entry into service.

The Board denied service connection for various conditions, including right shoulder disorder, left shoulder disorder, cervical spine disorder, thoracolumbar spine disorder, right hip disorder, left hip disorder, right knee disorder, left knee disorder, muscle spasms, sleep apnea, and hypertension.,No new evidence was presented to reopen previously denied claims.

The Board has determined that the Veteran's current low back disability is related to an in-service injury, and thus service connection for a lumbar strain, with lumbar stenosis and degenerative joint disease (DJD) is granted.

The Board has remanded the Veteran's claims for bilateral hearing loss and degenerative disc disease, L5-S1, status post lumbar discectomy due to insufficient evidence regarding etiology.

The Board has determined that the Veteran's cervical spine disability had its onset in service and is at least as likely as not related to an in-service injury. Therefore, the claim for service connection for a cervical spine disability is granted.

The Board has determined that the Veteran's claims for increased evaluations of his service-connected lumbar spine and eye disabilities require additional examination to ensure proper evaluation.

The Board has remanded several claims for additional development, including obtaining medical records and verifying the Veteran's service stressors. The claims of service connection for various conditions are also being considered.

The Board has granted entitlement to TDIU from December 4, 2018 due to the appellant's service-connected disabilities preventing him from obtaining or maintaining substantially gainful employment. The claim for extraschedular TDIU prior to December 4, 2018 is being remanded.

The claim for service connection for a neck condition is denied. The claims for residuals of bilateral laminectomy and diskectomy L4-5 (low back claim) and depression are also denied.

The Veteran's lumbosacral strain with degenerative disc disease has been granted an increased rating to 40 percent, which is the highest schedular rating available for this condition.

The Veteran's degenerative disc disease of the cervical spine is found to be at least as likely as not due to an in-service motor vehicle accident, and service connection for this condition is granted.

The Board denied service connection for degenerative disc disease of the lumbar spine and an acquired psychiatric disorder (including depression and cognitive disorder) as there was no evidence to support that these conditions began during service or were related to in-service events.