Back / lumbar spine decisions — 2019

The Veteran's service-connected disabilities do not meet the criteria for a TDIU on an extraschedular basis as he is currently employed and his combined rating does not reach the required percentage.

Service connection is granted for a lumbar spine disability, left lower extremity radiculopathy (secondary to service-connected lumbar spine disability), and dizziness. The case is remanded for further examination regarding the etiology of the Veteran's dizziness.

The Veteran's service connection claims for arthritis of the left shoulder, rotator cuff tendonitis of the left shoulder (secondary to service-connected arthritis), and lumbar spine disorder are remanded due to insufficient medical opinions.

The Board has granted service connection for asbestosis and OSA secondary to PTSD. The remaining issues of service connection are remanded due to incomplete records and the need for additional examinations.

The Board has reopened the previously denied claim for service connection for back arthritis and granted it, finding that new evidence supports a reopening of the claim. The Board also found no evidence to support service connection for degenerative arthritis of the lumbar spine.

The Veteran's lumbar and cervical spine disabilities have been rated based on limitation of motion, with no evidence of ankylosis or intervertebral disc syndrome (IVDS). The Veteran is not entitled to a higher rating for her back disability.,The Veteran's cervical spine disability has also been rated based on limitation of motion. She is not entitled to a higher rating.

The Veteran's claims for headaches, respiratory/lung/breathing disability (to include COPD and/or bronchial asthma), sleep apnea, diarrhea, right ear disability, left ear disability, back disability, joint pain, and muscle pain are granted as new and material evidence has been received. However, the underlying claims of service connection for these conditions remain denied.

The Board has decided to remand the case due to incomplete records and the need for an addendum etiological opinion regarding service connection for degenerative arthritis of the lumbar spine with first vertebra fracture, as secondary to service-connected pes cavus with pes planus.

The Board granted an initial 20 percent rating for the lumbar spine disability prior to July 26, 2018. The appeal for a higher rating for posttraumatic stress disorder was denied.

The Veteran's claim for service connection for tinnitus is granted. The Veteran's PTSD is assigned a 70% rating effective March 9, 2017. Claims for increased ratings for lumbosacral and cervical spine disabilities, as well as TDIU, are dismissed.

The Veteran's appeal for service connection for an acquired psychiatric disorder is dismissed. The Board also remanded the issues of a higher rating for right lower extremity radiculopathy and a compensable rating for surgical scar of the lumbar spine.

The application to reopen a previously denied claim for service connection for a low back condition is granted. The claims for right hand and right eye conditions are remanded, as well as the issue of a compensable disability rating for service connected bilateral hearing loss and the TDIU.

The Veteran's low back strain is currently rated at 10 percent prior to July 20, 2018 and 20 percent since then. The Board has found that the evidence does not support a higher rating for either period. However, due to new medical evidence of lumbar spinal stenosis, the Veteran's claim must be remanded for further examination and consideration.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for additional examinations. The issues include lumbar spine disability, right knee disability, left knee disability, and surgical complications of pregnancy.

The Board denied the Veteran's claims for service connection for a cervical spine disability and an initial evaluation in excess of 20 percent prior to October 28, 2016, and in excess of 40 percent from that date, for lumbar spine degenerative arthritis with disc syndrome. The claim for service connection was denied due to lack of evidence showing the onset or aggravation of a cervical spine disability during service.

The Veteran's claim for service connection for a low back disorder was reopened, and he is now granted service connection. His PTSD rating from September 10, 2009 to December 17, 2014 was also granted at a 50% level.

The Board has remanded the Veteran's claim of service connection for a back disability due to new evidence received after the March 2018 Statement Of the Case.

The Veteran's service connection claim for an acquired psychiatric disorder was denied as there is no evidence of a current disability related to his service. The Board found that the Veteran’s Major Depressive Disorder is more likely due to post-service factors.,Service connection for athletes' foot, right knee disorder, back disorder, and right ankle disorder were remanded as VA examinations are needed to determine their etiology.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating based on their combined rating of 80%. However, due to the lack of an examination considering her unemployability due to these conditions, the case is being remanded for further evaluation.