Back / lumbar spine decisions — 2019

The Veteran's claim for service connection for a bilateral knee disorder was denied in June 2009. The Board found that new and material evidence had not been received to reopen the claim, as there is no evidence showing that his preexisting condition worsened during service. His claims for increased evaluations of left shoulder disability, lumbar spine disability, and TDIU are remanded.

The Board has determined that further development is needed to determine the nature and likely cause of the Veteran's cervical and lumbar spine disabilities, as they are currently diagnosed. The case will be returned for this purpose.

The Board found that the reduction in disability rating for service-connected intervertebral disc syndrome with degenerative arthritis changes of the lumbosacral spine from 20 to 10 percent, effective October 1, 2013, was proper. The Veteran's right shoulder strain is rated at 20 percent.

The Veteran's claim for a higher rating for thoracolumbar spine degenerative disc disease is denied as there is no evidence of ankylosis or limitation of motion to 30 degrees.,The Veteran's claims for service connection for right and left knee disabilities, ischemic heart disease (IHD), bilateral hearing loss, and tinnitus are remanded for further development.

The appeal of the denial of service connection for back disability is dismissed. The appeals for a rating in excess of 50 percent for PTSD and TDIU are remanded.

The Veteran's back brace does not cause damage to his clothing, so he is denied a clothing allowance for the 2016 calendar year.

The Veteran's claim for service connection for diabetes due to herbicide agent exposure is granted. The claims for service connection for a back disability, left ear hearing loss, right ear hearing loss, acquired psychiatric disorder (including PTSD, depression, and alcohol abuse disorder), and hypertension are all remanded.

The Board has decided to remand the case due to outstanding private medical records potentially relevant to the claim on appeal. The Veteran's lumbar spine disability may be related to service, but additional evidence is needed for a determination.

The Veteran's hypertension requires continuous medication but does not meet the criteria for a compensable rating. The case is remanded for further examination and opinion regarding service connection for degenerative arthritis of the lumbar spine with herniated disc.

The Board has granted service connection for a right shoulder disorder and left lower extremity radiculopathy, but denied an earlier effective date for the grant of service connection for lumbar spine compression fracture. The claim for a higher disability rating for the lumbar spine compression fracture is remanded.

The Veteran's lumbar spine arthritis with scoliosis is related to service and the Board has granted service connection for this condition.

The Veteran's claims for increased ratings were denied as his service-connected degenerative joint disease of the lumbar spine, patellofemoral syndrome of the left knee with degenerative changes, and patellofemoral syndrome of the right knee with degenerative changes did not meet the criteria for higher disability ratings at any point during the appeal period.

The Board has decided to remand the Veteran's claims for service connection for low back disability and malaria due to insufficient medical opinions regarding their etiology.

The Veteran's claim for a higher rating for his lumbosacral strain with degenerative arthritis prior to November 22, 2011 was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine limited to 60 degrees or less, a combined range of motion of 120 degrees or less, ankylosis, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis. The claim for a higher rating from November 22, 2011 was also denied because the evidence did not show forward flexion of the thoracolumbar spine limited to 30 degrees or less.

The Veteran's service-connected lumbar spine DDD and associated radiculopathy of the right and left lower extremities did not render him unemployable prior to December 19, 2017. The combined rating was 50 percent from that date to December 18, 2017.

The Veteran's claim for increased ratings for his lumbar spine scoliosis status post lower back surgery with intervertebral disc syndrome, radiculopathy of the right and left lower extremities is being remanded due to incomplete development. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also being remanded as it is inextricably intertwined with the increased evaluation issues.

The Board has reopened the previously denied service connection claim for a lumbar spine disability due to new and material evidence, including lay statements describing in-service symptoms and continuity of symptomatology since service.,Service connection for tinnitus is granted based on competent and credible reports of continuous symptoms since service.

The Board has remanded the Veteran's claims for service connection for cervical and lumbar spine disorders due to inadequate examination opinions.

The Board has reopened the claim for service connection for degenerative arthritis of the lumbar spine with lumbosacral strain and spinal fusion, but denied the claim as there is no evidence to support a causal relationship between the current disability and service.

The Veteran's ratings for lumbar spondylopathy and peripheral neuropathy of the right lower extremity were restored to their previous levels due to a reduction in rating.