Back / lumbar spine decisions — 2019

The Board denied the Veteran's claims for severance of service connection for DDD of the lumbar spine, left sciatica associated with DDD of the lumbar spine, and right sciatica associated with DDD of the lumbar spine. The appeal is denied.

The Board denied the Veteran's claims for service connection of a low back disability and hemorrhoids due to lack of new and material evidence.,An initial compensable evaluation for bilateral hearing loss was also denied.

The Board has granted the Veteran's petition to reopen his claim for service connection for a low back disability and has remanded the issue of entitlement to an effective date prior to February 18, 2014, for the award of service connection for irritable bowel syndrome (IBS).

The Veteran's claims for service connection have been reopened, but the appeal is granted only in part as some issues are remanded.,Service connection has been restored for lumbar strain and PTSD.

The Board denied reopening of the claim for service connection for a back disability due to lack of new and material evidence, as post-service medical records do not show any pre-existing back disability prior to 1975.

The Veteran's initial claim for a higher rating for his service-connected lumbar spine disability was granted, with an effective date of March 12, 2015. The current rating is 40%.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for higher ratings under the applicable rating codes, except for a 40 percent rating being granted beginning February 11, 2016, for thoracolumbar spine DJD.

The Board has remanded the Veteran's claims for service connection for left shoulder and low back disabilities due to incomplete records. The case will be returned to the AOJ for further development.

The Board has reopened the Veteran's claims for service connection for various conditions, but has remanded them for further development and examination.

The Board has determined that further assistance is necessary to properly adjudicate the issues on appeal, including obtaining updated VA medical records and scheduling a new examination for both lumbar spine disability and RLE radiculopathy.

The Veteran's low back strain and cervical spine fusion are not rated higher than the current levels.,The Veteran did not meet criteria for a temporary total rating or SMC based on housebound status.

The Veteran's service-connected disabilities, including COPD, neck disability, and back disability, have rendered him unable to secure or maintain substantially gainful employment. The Board has remanded the case for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's service connection for major depressive disorder is granted. Increased ratings are granted for his low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy from May 27, 2016. A TDIU determination is granted.

The Board has remanded the case due to lack of recent medical records and requests for authorization from healthcare providers who have treated the Veteran's lumbar spine disability since October 1998.

The Board has remanded the case due to insufficient examination reports and requests for an appropriate examination to determine the current severity of the Veteran's service-connected lumbar strain with mild degenerative changes in facet joints at L5-S1.

The Veteran's claim for service connection for hearing loss was denied as there is no evidence of current hearing impairment meeting VA criteria.,The Veteran's TBI was evaluated at a 40 percent rating, with an additional 100 percent evaluation for PTSD. The headaches were separately rated at 50 percent effective August 16, 2016.

The Board has granted the reopening of claims for service connection for bilateral shoulder and knee disorders, but denied all other service connection claims due to lack of evidence linking current disabilities to service or Gulf War exposure.

The Veteran's appeals for higher ratings in excess of 20 percent for his low back disability and right and left lower extremity sciatic radiculopathy have been dismissed as he withdrew the appeal prior to a decision.

The Veteran's claim for service connection for a left eye condition is denied as he does not have a current diagnosis of such.,For the back disability, the Veteran’s symptoms do not meet or approximate the criteria for a rating in excess of 20 percent under any applicable diagnostic code. The maximum rating authorized by law is 20 percent.,The claim for an increased evaluation for tinnitus is denied as it does not warrant a rating in excess of 10 percent.,For restrictive airway disease, the Veteran’s manifestations do not meet or approximate the criteria for a disability rating in excess of 30 percent under any applicable diagnostic code. The maximum rating authorized by law is 30 percent.,The claim for an increased evaluation for hemorrhoids is denied as it does not warrant a rating in excess of 20 percent under any applicable diagnostic code. The maximum rating authorized by law is 20 percent.,For PTSD, the Veteran’s symptoms do not meet or approximate the criteria for a disability rating in excess of 70 percent under any applicable diagnostic code. The maximum rating authorized by law is 70 percent.,The claim for an earlier effective date for service connection for bilateral hearing loss is denied as there are no legal grounds to grant such.

The Board has granted a 10 percent rating for low back strain from July 22, 2010 to July 19, 2013. The left knee disorder claim is remanded due to the need for additional medical opinions and records.