Back / lumbar spine decisions — 2019

The Veteran's claims for lumbosacral strain with degenerative arthritis and left elbow triceps tendonitis with s/p healed fracture of the radial head were denied in June 1992. The effective dates for service connection are March 13, 2015, and July 14, 2016 respectively.

The Board has granted service connection for cervical disc disease, lumbar disc disease, and related radiculopathy conditions. The claims were reopened due to new evidence received since the original denial in June 1974.

The Board has denied the Veteran's claim for a rating in excess of 10 percent for tinnitus, and has remanded several other issues related to service connection. The appeal is currently pending.

The reduction of disability rating from 40 percent to 20 percent for the Veteran's lumbar spine condition effective December 1, 2016 was proper.,The reduction of disability rating from 30 percent to 10 percent for the Veteran's cervical spine condition effective December 1, 2016 was proper.

The Veteran's low back disorder, including degenerative changes of the lumbar spine with DDD at multiple levels, is granted as service connection has been reopened.,Service connection for bilateral hearing loss and tinnitus cannot be established.

The Board has granted service connection for degenerative disc disease of the lumbar spine, osteoarthritis of the left knee, and osteoarthritis of the right knee. The decision is based on a finding that there is at least an even balance of evidence regarding whether these disabilities are related to service.,There was no presumption or secondary service connection involved in this case.

The Board has reopened the claim of service connection for a psychiatric disability, but remanded both issues due to insufficient evidence. The low back disability issue is also remanded.

Service connection is denied for a lumbar spine disorder.,Service connection is granted for gastroesophageal reflux disease (GERD) and hiatal hernia.,An effective date of September 12, 2011, but no earlier, has been granted for service connection for headaches. The Veteran's informal claim was received on that date.,The effective date for the award of service connection for right ear hearing loss is denied as it cannot be earlier than December 21, 2011.,The effective date for the award of service connection for sleep apnea is denied as it cannot be earlier than December 21, 2011.,The effective date for the award of service connection for tinnitus is denied as it cannot be earlier than December 21, 2011.

The Board has remanded the claims for evaluation of service-connected right foot plantar fasciitis, lumbar strain, left ankle surgery residuals, and left hip degenerative changes due to a lack of recent VA compensation examinations.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment throughout the appeal period, warranting a TDIU on an extraschedular basis.

The Board has remanded the cases due to failure of the Veteran to report for VA examinations. The issues include service connection for low back disorder, chronic stomach disorder (GERD), and dental disorder.

The Veteran's service-connected back disability prevented him from obtaining or maintaining substantially gainful employment from May 21, 1991 until May 27, 2004. The Board granted a TDIU for this period.

The Board has remanded the case for further development and an opinion regarding service connection for a neck disorder, to include as secondary to lumbar spine disorder. The Veteran's claim is otherwise granted.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's lumbar spine disability, including a lack of clear causal relationship between service and current symptoms. The Veteran will need to undergo a new VA examination.

The Veteran's claim for an increased evaluation of his back condition was denied. The appeal to reopen a previously denied PTSD claim is remanded.

The Board denied service connection for hernia, bilateral shoulder disability, back disability, hypertension, and radiculopathy of the bilateral lower extremities as there is no current evidence of these conditions during active service or within one year after separation. The Veteran's symptoms were resolved prior to separation.

The Board has remanded the cases due to insufficient evidence regarding the etiology of the Veteran's low back and lower extremity disorders, including whether they are related to service.

The Board has determined that additional development is necessary and the case is being remanded to review outstanding SSA records and any related evidence.

The Board has decided to remand the case due to the need for a new VA examination to address whether documented injuries in service contributed to the Veteran's current lumbar spine disability and if these disabilities were permanently worsened by other service-connected conditions.