Back / lumbar spine decisions — 2019

The Veteran's claims for increased ratings for cervical spine DJD and DDD, lumbosacral strain with DJD and DDD, left ankle sprain with ruptured Achilles tendon, allergic rhinitis, right lower extremity varicose veins, left lower extremity varicose veins, left upper extremity radiculopathy (likely Cervical Spine), right upper extremity radiculopathy (likely Cervical Spine), and left lower extremity radiculopathy (likely Cervical Spine) have all been denied. The Veteran's PTSD claim has also been denied.

The Veteran's claim for a higher rating for his service-connected cervical spine disability is denied as the evidence does not support a finding of functional loss or ankylosis that would warrant a rating in excess of 20 percent.

The Veteran's appeals for increased ratings of his left ankle disability, back disability, and hypertension have been denied. The Board found that the evidence did not support a higher rating based on functional loss or other factors.

The Board has determined that the Veteran's current low back disability is related to his most recent period of service, and therefore grants service connection for a low back disability.

The petition to reopen the previously denied claim of entitlement to service connection for asthma is granted. The claims for service connection for left and right shoulder, wrist, hip, ankle, and knee disabilities are remanded.

The Board has decided to remand the case due to an inadequate VA examination, specifically regarding the Veteran's reports of flare-ups and their impact on his lumbar spine disability.

The Board has remanded the Veteran's claims of increased ratings for left and right knee DJD, as well as his claim for a TDIU due to service-connected lumbar spine DJD. The remand is in response to deficiencies in the VA examinations conducted.

The appeal for service connection for loss of vision is dismissed.,Service connection for diabetes mellitus is denied.,The Veteran's claim for a back condition involving the lumbar or cervical spine is remanded.,The rating for bilateral hearing loss disability, sinusitis, and hypertension are remanded.

The Board dismissed the appeals for service connection for right elbow strain, left hip sprain, bilateral knee sprain, hearing loss, seasonal allergic rhinitis, and pneumonia (claimed as bronchitis). The appeal for service connection for a lumbar spine disorder was granted.

The Board has remanded the service connection claims for low back and bilateral ankle disabilities, as well as the claim for diabetes mellitus due to Agent Orange exposure. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's chronic sinusitis was granted service connection. The remaining issues were remanded for further development.

The Veteran's service-connected disabilities have prevented him from securing or maintaining substantially gainful employment throughout the period on appeal.

The Veteran's service connection claims for various conditions have been granted. The appeal as to the claim of service connection for burn scars of the right forearm and face is moot, and the claim is dismissed for lack of jurisdiction.

The Veteran's back disability is rated at 20% prior to July 11, 2017 and denied a rating greater than 20%. Beginning July 11, 2017, the Veteran's back disability is rated at 40%, which is denied.,The Veteran's right ankle sprain is not assigned a compensable rating.

The Board has decided to remand the claims for cervical spine degenerative joint disease, lumbar spine degenerative joint disease, and obstructive sleep apnea due to additional relevant evidence being added to the record.

The Veteran's claims for service connection for aseptic meningitis, an impaired immune system, and a pinched nerve of the lower back have been denied as new and material evidence has not been submitted to reopen these claims. The claim for degenerative disc disease (back disability) is also denied.,Service connection for secondary conditions related to aseptic meningitis was not granted due to lack of supporting evidence. Service connection for an impaired immune system and pinched nerve of the lower back were denied as there was no new and material evidence presented, and the Veteran's assertions were considered previously before the RO at the time of its prior decisions.,Service connection for degenerative disc disease (back disability) to include as secondary to aseptic meningitis is also denied. The Board found that the Veteran did not have a current diagnosis of a back disability due to service, and thus could not establish direct service connection.

The Board has determined that the VA examinations for the Veteran's right wrist, cervical spine, lumbar spine, left shoulder, and right shoulder disabilities are inadequate. Additionally, a remand is necessary to obtain an addendum opinion regarding the service connection of depression. The claims for service connection for these conditions are being remanded.

The Veteran's low back and bilateral knee disabilities are granted as service-connected, with a rating of 30%.

The Veteran's back condition with radiculopathy, left lower extremity is related to her in-service injury and has been granted service connection.

The Board has reopened the Veteran's claims for service connection for a lumbar spine disability and a respiratory disability, but these issues are still pending as they have been remanded due to insufficient evidence.