Back / lumbar spine decisions — 2019

The Veteran's claim for service connection for a back disability is reopened and granted. The issue of service connection for herpes is remanded due to missing records.

The Board denied the Veteran's claim of service connection for a back disability, finding that his preexisting condition did not worsen during service and was not related to any in-service injury or event.

The Veteran's service connection claims for a lumbar spine disability, cervical spine degenerative disc disease, and right carpal tunnel syndrome have been granted.,Service connection has also been established for sleep apnea as secondary to depression, and high blood pressure is considered not related to service. Service connection for depression was found to be proximately due to service-connected wrist and shoulder disabilities.,The Veteran's claim for an increased rating for impingement syndrome with degenerative changes and rotator cuff tears in the right shoulder, left shoulder tendonitis and degenerative joint disease at the AC joint, residuals of fracture left distal radius with ankylosis, carpal tunnel syndrome in the left upper extremity, and total disability rating based on individual unemployability due to service-connected disabilities (TDIU) are all remanded.

The Veteran's appeals for service connection and initial evaluations for various foot, knee, shoulder, and skin conditions have been remanded due to the need for additional medical examinations.

The Board has remanded the Veteran's claims for an increased rating for his low back disability and for a TDIU due to the need for additional evidence and examination.

The Board denied the Veteran's claim for service connection for a low back disorder and thoracolumbar arthritis, finding that there was no evidence linking these conditions to her military service.

The Board has remanded the case due to insufficient medical opinion regarding the cause of death and its relation to service-connected conditions.

The Veteran's appeal for increased ratings on multiple service-connected conditions is remanded due to the need for additional medical examinations and evaluations.

The Board denied service connection for residuals of inguinal hernia due to the absence of a current disability. The back condition and sleep apnea claims are remanded as there is insufficient evidence to determine their etiology.

The Veteran's depressive disorder, left foot scar, intervertebral disc syndrome/lumbosacral strain, left lower extremity radiculopathy, and right lower extremity radiculopathy have all been granted service connection. However, the effective dates for these grants are not earlier than February 13, 2003 (depressive disorder), June 17, 2015 (left foot scar), May 9, 2012 (intervertebral disc syndrome/lumbosacral strain and radiculopathy of the lower extremities).,The Veteran's depressive disorder has been rated as 70 percent disabling. The Board denied an initial rating greater than 70 percent.

The Board has denied service connection for various conditions including lower back condition, excessive weight gain, gastritis, hemorrhoids (rectal bleeding), and migraine headaches (chronic headaches). The case is remanded to determine if the Veteran now has allergic rhinitis that increased in severity during service.

The Veteran's appeal is denied as there is no legal entitlement to a compensable initial rating for bilateral hearing loss prior to January 17, 2017 and in excess of 10 percent thereafter. The discontinuation of the 10% disability rating under 38 C.F.R. § 3.324 was proper.

The Veteran's claims for service connection for erectile dysfunction and multiple nevus excisions have been reopened, and he is now entitled to a 50 percent rating for migraine headaches prior to January 25, 2017. His PTSD with major depressive disorder is also rated at 50 percent prior to that date.

The Board has denied service connection for bilateral hearing loss and remanded the issue of service connection for back condition due to insufficient evidence. The Veteran's claim for bilateral hearing loss is denied as there is no chronic or permanent hearing loss that persisted after service, and his combat noise exposure did not result in a current disability.

The Board denied service connection for an upper back disorder as there is no current diagnosis of a disability or objective medical evidence indicating the Veteran's upper back pain causes a functional impairment.

The Board has granted service connection for degenerative disc disease of the lower back, degenerative spondylolisthesis of the lower back, and radiculopathy of the lower extremities. The conditions are considered to be related to service.

The Veteran's claims for service connection were denied, and the application to reopen his claims of entitlement to service connection for bilateral hearing loss, tinnitus, vertigo, asthma, hypertension, DM, and depression was also denied. The claim for eligibility under 38 U.S.C. § 1702 for psychosis was denied due to lack of a diagnosis within two years of separation from active duty. The application for SMC based on the need for aid and attendance/housebound was denied.

The Veteran's service-connected Intervertebral Disc Syndrome (IVDS) of the thoracolumbar spine and right sciatic nerve impairment have been granted, with a staged initial rating of 10 percent.

The Board has remanded the claims for service connection and initial disability ratings due to new evidence received by VA.

The Veteran's service-connected disabilities alone are not found to be of sufficient severity to produce unemployability, and he is currently working full time as an aviation inspector.