Back / lumbar spine decisions — 2019

The Board has remanded the claims for service connection for low back disability and left side sciatica due to conflicting opinions on whether these conditions are related to service, particularly if they are aggravated by a pre-existing condition.

The Veteran's left shoulder, right knee, and left knee disorders are granted service connection as they were incurred during active duty for training (ACDUTRA) or inactive duty for training (INADUTRA).,The Veteran's back disorder is also granted service connection as it was incurred during ACDUTRA or INADUTRA.

The Veteran's bipolar disorder, status post right lumbar surgery with post voiding leakage, and other service-connected conditions are all denied as the evidence does not support a higher rating for any of these disabilities.

The Board has determined that new examinations are needed to assess the current severity of the Veteran's service-connected lumbar spine degenerative disc disease and gastric ulcer, as these conditions have worsened since his last VA examination in July 2015.

The Veteran's claim for a higher rating for his low back disability since September 26, 2007 was denied. The claim for a higher rating prior to September 26, 2007 was also denied. The TDIU claim was denied.

The February 2016 rating decision did not address the issues raised in the November 2011 and February 2013 NODs, so past-due benefits for attorney representation are denied.

The Board denied service connection for Degenerative Disc Disease (DDD) of the lumbar spine with arthritis, Gallbladder disability, Removal of colon polyps, and Fungal disability as there is no evidence linking these conditions to service.,Service records do not show any complaints or diagnoses related to these conditions. The Veteran's current conditions are attributed to his own actions post-service.

The Veteran's service-connected disabilities combined to a 90 percent rating between December 20, 2010 and December 30, 2014. Prior to December 30, 2014, the Veteran was not unemployable due to his service-connected conditions.

The Board has remanded several issues related to the Veteran's service connection claims, including for a lumbar spine disability, right lower extremity sciatica, and OSA. The claim for reopening of the service connection for a lumbar spine disability is granted.

The Veteran's claims for earlier effective dates prior to February 27, 2013, for lumbar spine and cervical spine disabilities are denied.,The Veteran's claims for earlier effective dates prior to February 27, 2013, for right knee disability are denied.,Service connection is granted for bilateral hearing loss.,Service connection is granted for left knee disability.,COPD service connection and psychiatric disorder service connection are remanded for further development.,Right knee, lumbar spine, and cervical spine disabilities' increased ratings are remanded for additional medical opinions.

The Board has granted the Veteran's claims for service connection for spinal stenosis of the lumbar spine and degenerative disc disease, as well as bilateral hearing loss. The decision is based on evidence showing current disabilities are related to in-service noise exposure.

The Veteran's claims for service connection were denied as there was no evidence of a current disability or a link to service. The right little finger fracture and arthritis of the first metatarsal phalangeal joint right forefoot were not granted increased ratings.

The Board has granted service connection for right hip, left hip, right knee, and left knee disabilities as secondary to the Veteran's service-connected right ankle disability.,Service connection was also denied for a liver disorder.

The Board has granted service connection for a lumbar spine disability and remanded the issue of assigning a compensable rating for pseudofolliculitis barbae.

The Veteran's back disability is granted with a rating of 40 percent for the entire period on appeal. The Veteran's abdominal and back scars are not rated higher than noncompensable.

The Veteran's claim for bilateral hearing loss disability is dismissed as he withdrew his claim prior to the promulgation of a decision.,The claim to reopen the low back disability was denied because no new and material evidence was presented, and the Board found that the evidence did not relate to an unestablished fact necessary to substantiate the claim.,Tinnitus is granted as service connection is established due to acoustic trauma during active service.,GERD is granted as service connection is established based on symptoms in-service and continuity of symptoms since service.,Left knee, right knee, left ankle, and right ankle disabilities are remanded for further examination and opinion regarding their etiology.,Rash on the hands and arms is remanded for further examination and opinion regarding its etiology.,Headaches are remanded for further examination and opinion regarding their etiology.

Service connection for left hip disability and low back disability as secondary to a left knee disability is restored from March 1, 2003. Service connection for an acquired psychiatric disorder (PTSD and MDD) is granted. A separate 20 percent rating for dislocated semilunar cartilage of the left knee is granted from June 18, 2014.

The Veteran's service connection claim for a left shoulder disorder was denied as the preexisting condition clearly and unmistakably existed prior to his active service and was not aggravated by his active service.,Service connection for a lumbar spine disability was granted, but an increased rating of 20 percent from November 25, 2014, to present has been denied.

The Veteran's left knee sprain and lumbar strain have been rated at 10 percent each, effective January 28, 2009. The Veteran is seeking higher ratings for these conditions.,The Veteran's sleep apnea has not met the criteria for a rating in excess of 50 percent, despite requiring use of a CPAP machine.

The Veteran's claims for service connection for various conditions have been denied as the evidence does not show any current disabilities related to active service.