Back / lumbar spine decisions — 2019

The Board has remanded the cases for further examination and review due to unclear information regarding flare-ups in the low back disability evaluation.

The Board has remanded the case due to an incomplete factual basis without consideration of the Veteran's lay statements and provides insufficient evidence for a decision on service connection.

The Veteran's claims of service connection for cervical and lumbosacral spine disorders were denied. The cervical spine disorder claim was reopened due to new evidence, but the lumbosacral spine disorder claim remains closed.

The Veteran's claim for service connection of an acquired psychiatric disorder, tinnitus, back condition, neck condition, and bilateral SNHL has been reopened. Service connection is granted for the acquired psychiatric disorder. Tinnitus is also granted as service connected. The claims for back condition, neck condition, and bilateral SNHL are denied.

The Veteran's left lower extremity radiculopathy and related conditions have been rated at 40 percent since June 1, 2009. A total disability rating based on individual unemployability has also been granted from June 1, 2009 to October 20, 2010.

The Veteran's claim for service connection for a back disability and an acquired psychiatric disorder, including PTSD, depression, psychosis NOS, and bipolar disorder is remanded due to the need for additional development. The issues of special monthly compensation (SMC) based on the need for aid and attendance of another or by reason of being housebound, total disability rating based on individual unemployability (TDIU), nonservice-connected pension, and special monthly pension (SMP) are also remanded.

The Board has reopened the claim for service connection for a low back disability and denied it. The claim for service connection for bilateral pes planus was also denied.

The Board has remanded three issues for further development: headaches, lumbar spine disability, and bilateral shoulder pain (including cervical spine condition with radiating pain to the shoulders). The Veteran's service connection claims are being reviewed due to inadequate opinions in previous VA examinations.

The Board has determined that new VA examinations are needed to properly adjudicate the service connection claims for various disorders, as the current examination did not consider all relevant evidence.

The Veteran's claim for service connection for a lumbar spine disorder has been reopened, but the underlying condition is not service-connected.,Service connection was denied for bilateral leg pain as it did not meet the criteria of being related to his service.

The Board denied the Veteran's claim for service connection for ulcer disease and remanded his claims for evaluation of degenerative joint disease (DJD) of the lumbar spine.

Service connection for a low back disorder, tinnitus, sleep apnea, cardiovascular (CV) disorder, diabetes mellitus (DM), and hypertension was denied.,Service connection for an acquired psychiatric disorder was denied.

The Board has granted earlier effective dates for the service connection of lumbosacral strain, left rotator cuff tear with tendonitis, and left knee tendonitis. The case is now REMANDED to obtain a VA examination regarding the Veteran's claim for TDIU.

The Veteran's lumbar spine degenerative arthritis, right ear hearing loss, and bilateral tinnitus are all granted as service-connected.,As for the remaining conditions (asbestosis, prostate cancer, inguinal hernia, and urinary tract infection), they are remanded due to insufficient evidence in the record.

The Veteran's service connection for left ear hearing loss disability is denied as there is no evidence of a current disability that is related to his active duty service.,The Veteran's right ear hearing loss disability does not warrant a compensable initial rating, with the highest level being Level VIII under VA regulations.,The Veteran's status post lumbar spine fusion, L3-S1 for DDD, has not been shown to warrant an increased rating beyond what is already assigned.

The Board has decided to remand the case due to a lack of an opinion regarding whether the Veteran's lumbar spine disability is secondary to his service-connected paresthesias/numbness of the right lower extremity. The case will be sent back for a VA examination.

The Veteran's degenerative disease of the low back with mid-back strain is granted as service connected, due to the evidence being in relative equipoise.

The Veteran was found to be unemployable due to service-connected disabilities from December 25, 2012 to September 20, 2015.,Since September 21, 2015, the Veteran has been gainfully employed and TDIU is denied for this period.

The Veteran's claims for service connection have been reopened, but the Board has not yet determined whether new evidence is sufficient to grant these claims. The Veteran was granted service connection for tinnitus and headaches, while his claims for sleep apnea, bilateral hearing loss, acid reflux (secondary to PTSD), and erectile dysfunction (secondary to PTSD) are still pending.,The Veteran's low back condition claim remains denied as there is no new evidence provided that relates the current disability to active duty service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lumbar disorder and its relationship to service.