Back / lumbar spine decisions — 2019

The Veteran's back disability has been granted a 20% rating, effective as of the date of this decision.,A separate compensable rating for right lower extremity radiculopathy prior to October 6, 2017 is denied. A higher than 10% rating thereafter is also denied.,Service connection for hemorrhoids has been remanded and a VA medical opinion is needed.

The Veteran's service-connected disabilities prior to May 14, 2010 did not preclude him from all forms of gainful employment.

The Veteran's bilateral hearing loss and tinnitus are granted service connection. The right knee, left knee, thoracolumbar spine, and hip disabilities are remanded for further examination and opinion.

The Board has determined that the Veteran's claim for an effective date prior to September 6, 2012 for service connection of a back disorder is denied. The case is remanded for further development regarding the initial rating for his service-connected back disorder.

The Board has remanded the Veteran's claims for lumbar fusion, left leg radiculopathy, right leg radiculopathy, and depression due to a lack of service treatment records. The Veteran reported an in-service fall during basic training which he believes caused his current disabilities.

The Board has remanded the claims of service connection for bilateral hand arthritis and a low back disability due to insufficient medical opinions. The claim of service connection for a psychiatric disorder is deferred pending resolution of the Veteran's petition for an upgrade in his discharge.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection and increased rating, including obtaining missing service treatment records and conducting appropriate VA examinations.

The Veteran's claims for bilateral hearing loss, right ankle disability, hypertension, and lumbar spine disability were denied. The Board found that the Veteran did not have a current hearing loss disability for VA compensation purposes, his right ankle disability was rated at its maximum of 20 percent under DC 5271, his hypertension met criteria for a 60 percent rating but no higher, and his lumbar spine disability warranted an initial 60 percent rating. The Veteran's claims were not remanded.

The Veteran's midline lumbar and right iliac crest scars are rated at a 10% disability rating since July 21, 2003. The effective date for this service connection is also July 21, 2003.

The Veteran's appeal includes issues related to the reduction of his disability rating for recurrent low back strain and claims for higher ratings for various service-connected conditions. The Board has determined that these issues are inextricably intertwined and requires further action, including obtaining updated VA treatment records and scheduling a VA examination.

The Board has determined that the Veteran's current back disability began during his active service and is related to it, granting service connection for a back disability.

The Veteran's claims for service connection for various conditions have been denied. The Board found no evidence of chronic disabilities in service or post-service, and the Veteran did not provide credible evidence to support his assertions.

The Veteran's service connection claim for a back disorder has been reopened, but the evidence does not support a finding that his current condition is related to his military service. His compensable ratings for residual scars on both knees have also been denied.

The Board has reopened the claim for service connection for a back disability and remanded it due to the need for further development of the underlying issue. The Veteran's assertions, along with in-service evidence suggesting an injury to the sacral area and recent MRI evidence of perineural cysts at S1 and S2, indicate that further opinion is needed.

The Veteran's PFB has been granted a 10 percent rating.,The Veteran's thoracolumbar degenerative joint and disc disease has been granted a 20 percent rating.

The Board has determined that the Veteran should be provided an opportunity to identify all outstanding private treatment records and to report for a VA examination to ascertain the current severity of his left shoulder strain and low back strain with disc herniation.

The Veteran's claims for service connection were denied as new and material evidence was not provided. The claim for atrial fibrillation secondary to PTSD is granted, but the rating for PTSD remains denied.

The Veteran's service-connected disabilities (bilateral hearing loss, lumbar spine degenerative joint disease, and bilateral tinnitus) prevent him from securing or following substantially gainful employment. The Board has granted a TDIU effective September 28, 2015.

The Board denied service connection for a low back condition, right leg condition, and sciatica as there was no evidence linking these conditions to the Veteran's military service.

The Veteran's appeal is remanded for further development regarding his claims of earlier effective date for bilateral hearing loss, initial increased evaluation for bilateral hearing loss, and compensation under 38 U.S.C. § 1151 for residuals of delayed treatment for blood poisoning.