Back / lumbar spine decisions — 2019

The Veteran's claim for a higher rating for his lumbar degenerative disc disease and spinal stenosis is being remanded due to the need for additional examinations.

The Veteran's appeal is remanded for further development and rating considerations. The issues include increased ratings for various conditions, including a lumbar spine disability, left knee disability, and scars.

The Board has denied service connection for hypertension and remanded the claims of service connection for lumbar spine disability and bilateral knee disabilities due to insufficient evidence.

The Veteran's claim for increased ratings and service connection has been remanded due to insufficient evidence. The right eye corneal scar remains noncompensable, while the right eye refractive error claim was reopened but no new rating is assigned yet.

The Veteran's claim for an effective date prior to June 26, 2012 for dependency allowance was denied as the required certification of dependents' status was not received within one year of a September 2000 notification letter. The Board found that there was no clear evidence to rebut the presumption of regularity regarding the delivery of the September 2000 notice.

The Veteran's service-connected degenerative joint disease of the lumbar spine is being remanded for further evaluation due to insufficient examination records and a need for additional testing.

The Veteran's tinnitus is granted service connection with an effective date of January 1, 2001. The low back and right elbow disabilities, right foot plantar fasciitis, and left foot bone spurs are also granted with the same effective date. However, the claim for a right eyebrow scar was not filed within one year after separation from active duty, so it is denied.

The Board has determined that the Veteran's claims for service connection for a bilateral foot disorder and a back disorder are inextricably intertwined, necessitating remand. The claims will be addressed after obtaining additional medical records and conducting further examinations.

The Board denied the Veteran's claims for service connection for a back disability, left leg radiculopathy, right leg radiculopathy, and an acquired psychiatric disorder (PTSD), finding no evidence of in-service injury or disease related to these conditions. The Board also found that any current symptoms are not linked to service.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of a chronic condition in service and that any current degenerative disc disease is less likely related to service.

The Board has remanded the Veteran's claims of service connection for a low back condition and bilateral foot condition due to lack of evidence supporting presumptive service connection. The Veteran is required to provide addendum opinions from VA medical professionals regarding the nature and etiology of his current diagnosed conditions.

The Veteran's appeal includes claims for higher ratings for his service-connected low back disability and a TDIU. The Board has determined that the initial rating claim should be remanded due to conflicting opinions regarding the nature of the Veteran’s disabilities, including whether DDD is part of his service-connected low back strain. A new VA examination is needed to clarify the severity of his low back disability, including any associated objective neurologic abnormalities.

The Veteran's service-connected low back strain and radiculopathy of the lower bilateral extremities have rendered her unable to secure and follow a substantially gainful occupation since July 1, 2011.

The Veteran's claim for service connection for a back disability and bilateral hearing loss has been remanded due to the need for additional examinations. The claims are currently pending.

The Veteran's hypertension was not shown to be related to service, and the claim for this condition is denied.,The Veteran's bilateral hearing loss does not meet the criteria for a compensable rating.

The Veteran's back disability is rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating based on ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Veteran's claim for service connection for lumbar degenerative arthritis is granted as his current disability is related to an in-service motorcycle accident. The Board finds the evidence to be in equipoise regarding this relationship.

A 50 percent rating is granted for the Veteran’s service-connected Major Depressive Disorder with Anxiety throughout, effective July 26, 2012. The Board also remanded several issues related to other conditions.

The Board has denied service connection for a back disorder, bilateral hearing loss, and tinnitus. The Veteran's left hand disorder claim is remanded due to inadequate examination.

The Veteran's back disability is rated under Diagnostic Code 5242. Prior to August 29, 2017, the Veteran was not entitled to an initial rating in excess of 10 percent for his back disability due to lack of combined range of motion and forward flexion meeting criteria. From August 29, 2017, he is not entitled to a higher rating as limitation of forward flexion did not meet criteria. The appeal regarding effective date remains pending.