Back / lumbar spine decisions — 2019

The Board has granted service connection for degenerative disc disease with paraspinal muscle spasm and strain (claimed as back condition) but remanded the issue of a rating in excess of 20 percent for impingement syndrome, residuals of post-operative surgery of the left shoulder.

The Board denied service connection for a left shoulder condition, finding that the preponderance of evidence is against a finding that it began during or was related to the Veteran's February 2005 to April 2006 period of service.,Service connection was also denied for a low back condition due to lack of evidence linking it to any period of service.

The reductions in ratings for the Veteran's lumbar spine, left knee, and right knee disabilities were not proper and are void ab initio.

The Board denied service connection for a low back disorder, finding that the current lumbosacral strain is not related to the in-service lipoma excision and is more likely of recent origin.

The Veteran's initial claim for an initial compensable rating for his right breast scar status post-surgical excision right breast gynecomastia was denied. The Board found that the criteria for a higher or separate rating were not more nearly approximated.,The Veteran's earlier effective date claim for his right breast scar status post-surgical excision right breast gynecomastia was denied as there is no evidence of a prior claim within one year of separation from service. The RO granted service connection on the date of receipt of claim, May 22, 2015.,The Veteran's claims for service connection for his right wrist ganglion cyst (claimed as right-hand arthritis), sleep apnea (claimed as a sleep disorder), hypertension, and migraine headaches were all denied. The Board found that new and material evidence was not submitted to reopen these claims.,The Veteran's claim for service connection for an acquired psychiatric condition to include post-traumatic stress disorder and persistent depressive disorder was also denied.

The Board has remanded the case due to deficiencies in the thoracolumbar spine examination and a need for additional records, including private chiropractic treatment records. The Veteran's claim will be reconsidered after these steps are completed.

The Veteran's claims for left-hand disability and acquired psychiatric disability have been reopened. The Board has ordered remand for additional examinations to determine the nature and etiology of his disabilities, as well as whether they are related to service.

The Veteran's service-connected lumbar spine and bilateral wrist disabilities cause his clothing to wear or tear, warranting an annual clothing allowance for 2015.

The Veteran's claims for service connection for low back and right hip disorders have been granted, but a rating in excess of 10 percent for left knee DJD remains denied.

The Veteran's claim for service connection for bilateral hearing loss is denied. The Veteran's tinnitus and migraines are granted, with a 50% initial disability rating assigned. Service connection for lumbosacral strain is granted effective February 17, 2012, but the Veteran's claim for higher ratings remains pending. Service connection for PTSD is granted with an initial 70% disability rating and TDIU status from February 17, 2012.

The Board has remanded the issues of entitlement to an effective date other than June 1, 2015 for a disability rating of 10% for a back disorder and earlier than September 7, 2011 for service connection for a neck disorder.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment, warranting a TDIU. The right lower extremity radiculopathy and degenerative disc disease of the lumbar spine claims are remanded for further development.

The Board has determined that the Veteran's claimed conditions, including a back disability, sleep apnea, skin disability, and an acquired psychiatric disorder, were not incurred or aggravated during his active service. The evidence does not support a finding of service connection for any of these conditions.

The Veteran's application to reopen the claim of service connection for a traumatic brain injury (TBI) was denied. The rating in excess of 10 percent for musculoligamentous strain/sprain of the lumbar spine was also denied.

The Veteran's claim for service connection has been reopened, and the claims for multiple joint pains, right shoulder disability, back disability, right ankle disability, blindness (including light perception only), migraine headaches associated with TBI, and a disability of the tongue have all been granted. The effective date is not specified as it is prior to March 14, 2016.

The Veteran's chronic lumbar sprain and intervertebral bulging discs are currently rated at 40 percent from August 20, 2013. The claims for increased ratings for left elbow olecranon spur and epicondylitis, asthma, atherosclerotic cardiovascular disease, and gastroesophageal reflux disease (GERD) have been denied.

The Board denied service connection for lumbar spondylosis, osteopenia, and spondylolisthesis as the evidence did not support a finding that these conditions were related to military service.

The Veteran's appeal was dismissed because she did not timely file a notice of disagreement (NOD) with the October 2013 rating decision, which denied service connection for various conditions. The appeal is therefore dismissed.

The Board has remanded the cases due to inadequate VA examinations and further development is required.

The Board has remanded the claims for an initial rating in excess of 20 percent for degenerative disc disease of the lumbar spine and entitlement to a total disability rating based on individual unemployability (TDIU) due to inadequate examinations. A new examination is needed to assess the current severity of the Veteran's lumbar spine disability, including functional impairment during flare-ups and with repetitive use over time.