Back / lumbar spine decisions — 2019

The Veteran's claims for service connection for right ear hearing loss, lumbar spine (lower back), left knee, and right knee disabilities have been granted. The appeal is remanded for further development regarding the lower back and knee issues.

The Board has granted a 30% rating for the Veteran's cervical spine strain from August 25, 2016. The remaining issues of increased ratings and separate ratings for radiculopathy are remanded due to lack of recent VA examination.

The Board denied the Veteran's claims for service connection for a low back disorder and TDIU due to lack of evidence showing a direct relationship between his current conditions and service or service-connected disabilities. The Board also found that the Veteran was not unemployable due to his service-connected disabilities.

The Veteran's appeals for temporary total evaluations and increased ratings were dismissed due to the invalidity of a Notice of Disagreement submitted by his representative.,Issues concerning compensable ratings for upper brachial plexus injury, traumatic brain injury (TBI), fracture, left orbital floor, and right-hand scar were also dismissed as there was no specific error or law identified in the VA decisions.

The Veteran's tinnitus is found to have had its onset during service and has persisted since then, granting service connection.,Service connection for the left knee disorder, right knee disorder, and lumbar spine disorder secondary to bilateral knee disorders is remanded due to insufficient medical evidence.,Service connection for bilateral hearing loss is remanded as there are no current audiometric findings that meet VA criteria for a disability. The Veteran's representative indicated possible worsening of his condition since the last examination in 2011.,Service connection for peritoneal adhesions is remanded due to insufficient medical evidence, including lack of records from the private debridement surgery performed in 2002.,Service connection for a psychiatric disorder is remanded as there are no current diagnoses or sufficient medical evidence linking service to the Veteran's claimed conditions.

The Board denied service connection for a left shoulder disability and back condition, but granted service connection for sleep apnea as secondary to the Veteran's depressive disorder and residuals of a left foot injury (left foot disability).,The Board also granted service connection for atrial fibrillation as secondary to the Veteran's depressive disorder and hypertension.

The Board denied the Veteran's claims for service connection for a low back condition and migraine headaches, finding that there was no evidence of a current disability or a link to service.

The Board has granted service connection for degenerative arthritis of the spine, left knee disability, and right knee disability. The decision is based on a finding that these conditions are related to in-service injuries.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and evaluations.

The Board has determined that additional development is required for the Veteran's claims of service connection for various disabilities, including back disability, right and left knee disabilities, respiratory disability, DM, skin disability, and dental disability. The appeals are being remanded to allow for further examination and consideration.

The Board has remanded the Veteran's claims for service connection for cervical and thoracolumbar spine disabilities due to incomplete records, including a lack of personnel records. The Veteran is also being asked to provide additional medical evidence and complete an application for increased compensation based on unemployability.

The Board has denied an initial disability rating in excess of 40 percent for service-connected DDD/DJD of the lumbar spine and remanded the claim for a separate evaluation of right lower extremity radiculopathy.

The Veteran's claim for Gulf War syndrome (claimed as chronic fatigue) is dismissed.,Service connection for a cervical spine disability is granted due to reopening of the claim and evidence showing it is related to service. Secondary service connection for thoracic spine disability, sleep apnea, and chronic lumbar spine disability are denied.

The Veteran's claims for service connection for a back disability, right heel strain, sleep apnea, migraine headaches, right carpal tunnel syndrome, and eye disability (secondary to PTSD) have all been denied.,Service connection was not granted for any of the claimed conditions.

The Veteran's claim for left ear hearing loss is denied as he does not have a current disability.,The Veteran's claims for right ankle, back, left foot, and right foot disabilities are all denied as they do not meet the criteria for service connection.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to April 29, 2011. The evidence showed that the Veteran was able to work as an electrical engineer and consultant until January 2009, despite some physical impairments.

The Veteran's cervical spine condition was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran has not had a low back disability at any time during or approximate to the pendency of the claim.,The Veteran’s right hip disability did not begin during active service and is not otherwise related to an in-service injury or disease.,The Veteran’s left hip disability did not begin during active service and is not otherwise related to an in-service injury or disease.,The Veteran has not had a bilateral eye disability at any time during or approximate to the pendency of the claim.,The Veteran's hypertension was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.

The Veteran's claims for increased ratings in excess of 10 percent for low back strain, cervical spondylosis, and bilateral patellofemoral syndrome are being remanded due to the need for new medical examinations to assess the current severity of his conditions.

The Board has determined that the Veteran's low back pain is related to his military service and granted service connection for this condition.

The Veteran's service-connected disabilities are of such severity to preclude him from securing and following substantially gainful employment consistent with his education and experience as of May 23, 2017.