Back / lumbar spine decisions — 2019

The Veteran's service connection claims for a lumbar spine disability and bilateral hearing loss disability have been denied. The claim for an increased rating for tinnitus has also been denied.

The Board has denied the Veteran's claims for service connection for lumbosacral spine disability, cervical spine disability, skin disability, and a disability manifested by memory loss.,There is no evidence of any current disabilities related to service or service-connected conditions.

The Board has granted an earlier effective date for the grant of service connection for lumbosacral strain, but the Veteran's claim to a higher rating remains on appeal and requires further action by the RO.

The Veteran's PTSD has been granted a 70 percent rating since August 21, 2013. His low back and bilateral foot disabilities have also been granted increased ratings.

The Board has remanded the case for further development to evaluate the Veteran's service-connected lumbosacral spine disc disease with spinal stenosis and DJD, including obtaining updated medical records and arranging a VA examination. The TDIU issue is also being remanded due to the Veteran's assertion of additional disabilities preventing her from working.

The Veteran's claim for service connection for hydronephrosis has been denied as she does not currently experience the condition.,Multiple sclerosis and its related conditions are pending service connection determination due to conflicting opinions.

The Veteran's claim for service connection has been reopened, but the Board finds that there is insufficient evidence to grant service connection for his lumbar spine degenerative disc disease and degenerative joint disease or hiatal hernia and esophagus spasm (claimed as acid reflux) disabilities. The case is remanded for further development.

The Veteran's claim for sleep apnea is denied as there is no current diagnosis of the condition.,Service connection for fibromyalgia is granted due to its presumptive relationship with service in the Persian Gulf War.,Bilateral eye condition, left shoulder condition, and right shoulder condition are remanded for further examination and opinion.,Lower back disability claim is denied as there is no current diagnosis of the condition.,Respiratory condition (claimed as asbestos exposure) and skin condition claims are remanded for further examination and opinion.,Service connection for maxillary sinusitis remains unchanged with a need for an updated VA examination.

The Board has remanded the Veteran's claims for service connection for left knee, lower back, upper back, and shoulder disabilities due to insufficient evidence. The Veteran is not presumed to have hepatitis C or an eye disability related to his military service.

The Veteran's petition to reopen a claim for service connection of a back disorder is granted. The claim for an increased rating for lymphedema of the right lower extremity remains denied, but the claim for an increased rating for prostate cancer is granted and assigned a 60% disability rating.

The Board has remanded the Veteran's claims for service connection for cervical and thoracolumbar spine disabilities due to conflicting medical opinions. The VA examiner is requested to provide a new opinion regarding whether these conditions are related to her May 2010 injury in service.

The Board has determined that the Veteran's claims for earlier effective dates for awards of service connection for DDD of the lumbar spine and associated bilateral lower extremity radiculopathy are not warranted. The issues of entitlement to increased ratings for radiculopathy of the bilateral lower extremities and TDIU are inextricably intertwined and must be remanded.

The Veteran's claim for service connection for a back disorder has been reopened, but the appeal is not granted as it remains denied.,An increased rating of 50 percent from October 6, 2009 to May 24, 2013 for MDD was granted. The effective date prior to May 24, 2013 for this increase in disability rating is denied.,The Veteran's claim for an earlier effective date for the increased 50 percent disability rating for MDD is also denied.,A total disability rating due to individual unemployability (TDIU) has been granted.

The Veteran's appeal for service connection for a liver condition is dismissed. The Veteran's eye disability and bilateral foot disability are granted, but the back and heart disabilities remain pending.

The Board has remanded the Veteran's claims for lumbar spine, left knee, and right knee disabilities due to inadequate VA examinations. Additional development is needed including obtaining treatment records and scheduling new VA examinations.

The Veteran's claim for an earlier effective date for the grant of service connection for lumbosacral strain is denied because it was filed over 15 years after his separation from active service, and there is no specific statutory authority for retroactive benefits in this case.

The Veteran's claims for increased ratings for low back strain and associated radiculopathy were denied as her symptoms do not meet the criteria for a higher rating under VA regulations.

The Veteran's claim for service connection for a skin disability of the left upper extremity was reopened and granted.,Other claims were remanded due to lack of complete application forms.,Service connection was restored for stress headaches, hypertension, valvular heart disease (mitral valve prolapse), iron deficiency anemia, allergic rhinitis, right shoulder sprain/strain, left shoulder sprain/strain, neck sprain and strain, right knee sprain/strain, left knee sprain/strain, right ankle sprain, right hallux valgus, left eye cortical cataract, acne, atrophic vaginitis, and OSA with CPAP.,The Veteran's service connection for fusion of the right fourth finger distal interphalangeal joint was denied as clearly erroneous.

The Veteran's lumbar spine disorder is rated at 10 percent, the minimum rating available under Diagnostic Code 5242. The Board found that his symptoms did not warrant a higher rating based on additional functional loss due to pain or other factors.

The Board has remanded the claim for a VA examination to determine if the Veteran's service-connected disabilities (right ankle and/or bilateral knee disability) caused or aggravated his low back disability, as well as to address other medical issues related to his low back.