Back / lumbar spine decisions — 2019

The Board denied service connection for the Veteran's right hand and left shoulder disorders due to lack of evidence showing a current disability related to his in-service injury. Service connection was also denied for his back disorder as there was no medical evidence linking it to active duty service.

The Veteran's lumbar spine DDD and right lower extremity radiculopathy have been granted increased ratings, with the TDIU claim being granted as of January 26, 2017.

The Board has granted service connection for anosmia and ageusia. The issues of low back condition, bilateral ankle condition, and bilateral foot condition are remanded.

The Veteran's low back disability is rated at 40% since the beginning of the appeal period, and he received separate ratings for loss of use of both feet and special monthly compensation due to his service-connected disabilities. The rating for radiculopathy affecting the left and right lower extremities was granted no more than 40%, effective August 2, 2016.

The Veteran's claim for an increased disability rating for his back condition is being remanded due to the RO failing to adjudicate a request for reconsideration of the 10 percent disability rating assigned in July 2014.,The Veteran's claim for an effective date prior to January 13, 2017, for a 20 percent disability rating for his back condition is being remanded as it is inextricably intertwined with the increased rating claim.

The Veteran's peripheral neuropathy is granted as service connected, and the right foot and lumbar spine disabilities are remanded for further development.

The Veteran's service-connected disabilities, including PTSD, bilateral hearing loss, tinnitus, degenerative disc disease of the lumbar spine, and gastroesophageal reflux disease (GERD), have rendered him unable to secure or follow a substantially gainful occupation. His TDIU is granted as of November 19, 2015.

The Board denied service connection for joint pain, muscle pain, low back disability, and an acquired psychiatric disability (claimed as sleep disturbances) due to lack of evidence linking these conditions to service.

The Board denied service connection for degenerative disc disease of the lumbar spine, finding that there was no evidence of chronic back pain in service and no relationship between current symptoms and service.

The appeal concerning entitlement to service connection for hypertension is dismissed.,The appeal concerning entitlement to service connection for a left knee disorder is dismissed.,The appeal concerning entitlement to a rating in excess of 10 percent for right lower extremity radiculopathy is dismissed.,The appeal concerning entitlement to a rating in excess of 10 percent for left lower extremity radiculopathy is dismissed.,The appeal concerning entitlement to a rating in excess of 10 percent for left lower extremity femoral radiculopathy is dismissed.,The appeal concerning entitlement to a rating in excess of 10 percent for right knee degenerative joint disease is dismissed.

The Veteran's low back, left hip, and right hip conditions are not found to be related to service or the service-connected left knee condition.,The Veteran's right ear hearing loss is not found to be related to service. The Veteran's left ear hearing loss does not meet VA criteria for a disability.,The Veteran has been determined to need regular aid and attendance due to his service-connected disabilities.

The Veteran's service connection claims for left and right shoulder disabilities, thoracolumbar spine disability, and cervical spine disability have been denied as there is no evidence of a disease or injury incurred in or aggravated by service.

The Board has reopened the claims for service connection for migraine headaches and granted them. The claims for back disability, left knee disability, and right knee disability were not reopened.

The Board has remanded the claims for service connection for back, right knee, and left knee disabilities due to new and material evidence having been received. The claim of PTSD remains denied as there is no credible supporting evidence that a claimed in-service stressor occurred.

The Board has remanded the claims for a back disability, bilateral hearing loss, and tinnitus due to insufficient medical opinions regarding their etiology. The Veteran's representative raised a secondary service connection theory of entitlement.

The Veteran's multiple sclerosis is related to his military service, and the Board has granted service connection for this condition. The claims for secondary conditions (fatigue, muscle spasms, low back disorder, optic neuropathy) are remanded as additional medical opinions are needed.

The Board has denied the Veteran's claims for service connection for osteoporosis and hypertension, finding that there is no evidence linking these conditions to his active service. The Veteran's lumbosacral strain and major depression are being remanded for further examination and opinion.,Service connection cannot be established as the Veteran did not have a current disability during service or within one year of discharge, nor can it be presumed based on chronic diseases.

The Veteran's TDIU claim is remanded due to the need for an updated VA examination to assess his current employment impact from service-connected disabilities.

The Veteran's tinnitus was granted service connection as it began during his active service.,Service connection for kidney stones and a pilonidal cyst were denied due to lack of evidence linking these conditions to the Veteran's active service.

The Veteran withdrew his appeals regarding service connection for PTSD and a low back disability, as well as the earlier effective dates for hammertoes, hearing loss, and tinnitus. The Board dismissed these claims.