Back / lumbar spine decisions — 2019

The Veteran's back disability, left lower extremity radiculopathy, right lower extremity radiculopathy, and neurological impairment of the groin have been granted service connection. An initial rating in excess of 10 percent for tinnitus has been denied. An initial compensable evaluation for bilateral hearing loss has also been denied.

The Veteran's spouse was added as his dependent to his VA disability compensation award effective October 1, 2004.

The Veteran's claim for a higher rating and TDIU was denied. The radiculopathy of the left lower extremity associated with degenerative arthritis of the lumbar spine is rated at 40 percent, effective June 16, 2016. The preponderance of evidence does not support entitlement to TDIU on either a schedular or extraschedular basis prior to June 16, 2016.

The Board has decided to remand the case due to incomplete medical records and the need for a VA examination of the Veteran's low back disability.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's lower back condition is related to his military service. The examiner needs to provide a rationale for their opinion on this matter.

The Veteran's appeals for service connection for a heart disorder and an acquired psychiatric disorder other than PTSD have been dismissed. The appeal concerning his back disability has been remanded, as well as the bilateral leg disability and sleep apnea.

The Board denied service connection for lumbar spine disability, left knee disability, right knee disability, and a rating in excess of 20 percent for duodenal ulcer and gastroesophageal reflux disease. The Veteran's current conditions were not found to be related to her military service.

The Board has granted service connection for a lumbar spine disability, tinnitus, and chronic insomnia. Service connection was denied for cervical spine disability and sleep apnea.

The Board denied the Veteran's claims for service connection of low back, right wrist, and right ankle disabilities. The claim for increased rating for irritable bowel syndrome was dismissed due to withdrawal by the Veteran.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disability, but has remanded his claims for cervical spine disability, bilateral hearing loss, right knee patellofemoral syndrome, right knee instability, and left knee chondromalacia patella.

The Veteran's low back disability is granted with a rating of 40 percent. Service connection for right knee and right ankle disabilities are granted, but the case is remanded for further examination to determine the nature and etiology of sciatica and radiculopathy.

The Veteran's claims for service connection for right shoulder and cervical spine disabilities were denied as there was no evidence of a chronic disability in or caused by service. The Board found that the Veteran did not have an in-service injury, and his current conditions are more likely due to age-related wear and tear rather than service.

The Veteran's claims for increased ratings for his lumbar spine disability and acquired psychiatric disability have been denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's lumbosacral strain was granted an initial rating of 20 percent prior to August 29, 2017 and denied for any increased rating thereafter.

The appeal to reopen the claim of entitlement to service connection for a low back disability is granted. The Veteran's claim for service connection for strep throat is denied. The claims for service connection for a lumbar spine disability, bilateral knee condition (secondary to low back), and ulcerative colitis are remanded.

The Board has remanded the claims of service connection for left knee, lumbar spine, and right hip disabilities as well as GERD. The effective date for the 10% rating for GERD remains to be determined.

The Veteran's appeal for a rating in excess of 30 percent for right leg disability was dismissed. The claim for service connection for PTSD has been denied and is final. New evidence received since the denial does not raise a possibility of substantiating the claim. A rating of 50 percent for an acquired psychiatric disability (other than PTSD) is granted, effective from December 11, 2012. The reduction in rating for lumbar spine disability was improper and restored the original 20 percent rating. The appeal for TDIU is remanded.

The Board has denied a rating in excess of 10 percent for chronic low back strain and remanded the issue of entitlement to a separate rating for left lower extremity (LLE) radiculopathy.

The Board has dismissed the appeals for service connection and effective date claims related to TBI residuals, headache disability, thoracolumbar spine disability, bilateral hearing loss, tinnitus, coronary artery disease, PTSD with depressive disorder, and left eyebrow scar residuals. The issues of increased ratings for coronary artery disease and PTSD with depressive disorder; and entitlement to total rating based on individual unemployability (TDIU) are remanded.

The Veteran's service-connected disabilities are found to be of such severity that they preclude substantially gainful employment, and the Board grants his claim for a total disability rating based on individual unemployability.