Back / lumbar spine decisions — 2019

The Board has remanded the cases of service connection for thoracolumbar and cervical spine disabilities due to insufficient evidence. The Veteran's claims are not granted as there is no credible continuity of symptoms or medical nexus.

The Veteran's lumbosacral strain with dextroscoliosis is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating based on limitation of motion or associated neurologic abnormalities.

The Board has determined that new and material evidence has been presented to reopen the claims for service connection for a low back disability and right knee disability.,The claims of entitlement to service connection for a low back disability, right knee strain, and insomnia are being remanded for additional development.

The Veteran's right leg, right ankle, and lumbar spine disabilities are granted as service-connected.,His bilateral hearing loss is also granted as service-connected. Tinnitus secondary to his bilateral hearing loss is also granted.

The Veteran's cervical spine and upper extremity radicular groups have been granted increased evaluations, with the TDIU status confirmed. The cervical spine condition has resulted in multiple evaluations based on different time periods.

The Veteran's claim for service connection for sleep apnea was denied, and his increased rating claim for lumbar (back) disability was granted with a 20% rating effective October 20, 2017.

The Board is unable to make a decision on the service connection claim for lumbar degenerative disc disease due to the need for clarification regarding whether the Veteran's lumbosacral transitional vertebrae is considered a congenital defect or disease. The case is being remanded for an addendum opinion from a VA examiner.

The Board has remanded the claims of service connection for residuals of neck injury, low back injury, and tinnitus due to new evidence received since final decisions.

The Board has determined that additional development is needed before the claims on appeal can be adjudicated, including obtaining VA and private treatment records, scheduling VA examinations to assess current severity of service-connected disabilities, and considering extraschedular considerations for some issues.

The Veteran's claim for service connection for a lumbar disorder, including degenerative disc disease (DDD), degenerative spondylolisthesis, radiculopathy, and degenerative arthritis of the lumbar spine, was denied as there is no evidence of an in-service injury or event that resulted in these conditions. The Board found that the Veteran's current symptoms are not related to his active duty service.

The Board has remanded the case due to insufficient medical opinion regarding the Veteran's back disorder, which may be related to service or his service-connected neuropathy.

The Veteran's claim for service connection has been reopened, and he is now entitled to increased ratings for his left and right knee patellofemoral syndrome. The appeal regarding the low back disorder, left hip condition, right hip condition, left ankle condition, right ankle condition, impairment of intellectual functioning, acquired psychiatric disorder (including a mood disorder and depression), and individual unemployability has been remanded.

The Veteran's claim for residuals of separated broken ribs has been denied as there is no current diagnosis.,Tinnitus is currently rated at the maximum allowable under Diagnostic Code 6260, and a higher rating is not warranted.,Bilateral hearing loss was granted an increased rating to 20 percent effective March 4, 2014 (the date of the Veteran's TDIU claim).,Osteoarthritis/degenerative arthritis of the lumbar spine was also granted an increased rating to 40 percent effective March 4, 2014.,The Veteran's claims for Meniere's disease and vertigo/dizziness are remanded as further evaluation is needed.,The Veteran's claims for vertigo/dizziness and Meniere's disease are remanded as further evaluation is needed.

The Board has decided to reconsider the claim for service connection of a low back disorder due to new evidence added after the August 2014 rating decision.

The Board denied the Veteran's claims for service connection for low back pain and an initial rating in excess of 20 percent for left shoulder strain, as well as a prior effective date for service connection.,The Veteran's low back disability was not found to be related to his military service. His left shoulder disability is currently rated at 20 percent.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current lumbar spine disability is related to an in-service injury. The Veteran will need a new VA examination to provide more information about his reported history of continuous back symptoms since service.

The Board dismissed the Veteran's appeals for service connection of various conditions due to his withdrawal of all issues on appeal.

The reduction of the Veteran’s disability rating for a lumbosacral strain (lumbar spine disability) from 20 percent to 10 percent was improper, and restoration of the 20 percent disability rating is granted, effective October 1, 2010.

The Veteran's service-connected disabilities have rendered her unable to secure and follow substantially gainful employment, as of April 15, 2010. The Board has granted entitlement to TDIU effective that date.

The Board dismissed the appeal for whether new and material evidence has been received to reopen a claim for entitlement to service connection for a low back disability, to include as secondary to service-connected disabilities due to the Veteran's death.