Back / lumbar spine decisions — 2019

The Board has reopened the Veteran's service connection claims for cervical spine disorder, thoracolumbar spine disorder, left ankle DJD, right ankle DJD, left knee DJD, right knee DJD, left shoulder DJD, and right shoulder DJD. The new evidence provided reasonable possibility of substantiating these claims.,The Board has also reopened the Veteran's service connection claim for muscle spasm disorder, IBS, and osteoporosis. However, no rating assigned or effective date was determined as these claims are still pending.

The Veteran's claim for service connection for migraine headaches has been granted. The claim for upper back pain is being remanded due to the lack of relevant private treatment records.

The Veteran's claim for a higher evaluation of his status post discectomy L3-4 with scar and TDIU due to PTSD has been granted. The Veteran is now rated at 40 percent for the service-connected condition, which meets the criteria for a total disability rating based on individual unemployability.

The Board has granted service connection for right and left knee disabilities, but has remanded the issues of service connection for a left foot disability, right foot disability, left hip disability, and lumbar spine disability.

The Board has remanded the issues of increased ratings for lumbar spine degenerative joint disease and entitlement to TDIU prior to May 31, 2016 due to incomplete development.

The Board denied service connection for a low back disorder, finding that the current condition is not related to service and does not meet any presumptive service connection criteria.

The Veteran's appeal regarding an upper back condition is dismissed. The Board has remanded the issues of service connection for TBI with intermittent headaches, lumbar and cervical spine disabilities, and a right foot disability.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that it is at least as likely as not related to service. The decision is based on medical opinions and the Veteran's credible assertions.

The Veteran withdrew their appeal for an increased rating of chronic low back pain, and the Board dismissed the case as a result.

The Board dismissed the Veteran's claims for increased ratings for PTSD and lumbar spine strain, but granted a TDIU. The claim for service connection for sleep apnea is remanded.

The Veteran's low back disorder, diagnosed as lumbar sprain, is now granted.,The Veteran's neck disorder, diagnosed as cervical spondylosis at C5-6, is also now granted.

Service connection for a low back disorder is denied.,Service connection for left lower extremity peripheral neuropathy, claimed as secondary to the low back disorder, is denied.,Nonservice-connected pension benefits are denied.

The Veteran's right ear hearing loss is granted as service-connected. The Veteran's degenerative disc disease of the lumbar spine, post-L5-S1 fusion, is granted at a 20% rating.

The Board denied the Veteran's claim for service connection of a lumbar spine disability as secondary to his service-connected right hip replacement, finding that there is no evidence showing that the lumbar spine disability was caused or aggravated by his service-connected right hip disability.

The Board denied a higher disability rating for the Veteran's lumbar strain with degenerative disc disease, finding that his symptoms did not warrant a rating in excess of 10 percent prior to June 24, 2019 and a 40 percent rating thereafter.

The Veteran's disability ratings for chronic cervical strain and chronic lumbar strain have been denied. The Veteran has a 10% rating for his chronic cervical strain, but the higher rating is not granted due to lack of forward flexion or range of motion.

The Board has remanded the case due to insufficient reasoning and development needs, particularly regarding whether obesity is secondary to a service-connected disorder.

The Board has determined that the Veteran's lumbar spine disorder is related to his service, granting service connection for this condition.

The Board has remanded the Veteran's claims for tinnitus, lumbar spine disability, and right middle finger disability due to insufficient evidence in their favor. The claims will be reviewed again with new medical opinions.

The Board denied the Veteran's requests for earlier effective dates for TDIU and basic eligibility for DEA benefits, finding that no earlier factually ascertainable date of entitlement existed before June 16, 2016.