Back / lumbar spine decisions — 2019

The Veteran's claim of entitlement to an earlier effective date prior to August 18, 2011 for the grant of service connection for GERD with insomnia is denied.,The Veteran's claim of entitlement to service connection for hepatitis C remains pending and will be remanded for further development.,The Veteran's claims of entitlement to service connection for lumbar arthralgia with lumbar spondylosis, right shoulder arthralgia, left shoulder arthralgia, left leg pain, and right leg pain are all pending and will be remanded for further development.,The Veteran's claim of entitlement to service connection for hypertension (high blood pressure) remains pending and will be remanded for further development.,The Veteran's claims of entitlement to service connection for dizziness, headaches, and an acquired psychiatric disorder (depression) remain pending and will be remanded for further development.,The Veteran's claim of entitlement to service connection for a sleep disorder (including sleep apnea), claimed as a respiratory condition, remains pending and will be remanded for further development.

The Board has remanded the Veteran's claims for service connection and rating increases due to incomplete records, conflicting medical opinions, and lack of proper range of motion testing.

The Board has remanded the case due to inadequate opinions regarding service connection for a low back disability secondary to service-connected chondromalacia patella of the bilateral knees. The Veteran's current low back disability is being evaluated again to determine if it is related to his military service or aggravated by his service-connected knee disabilities.

The Veteran's lumbar spine disability, which includes osteoarthritis and a herniated nucleus pulposus at L5, is rated at 40 percent. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes with total duration of at least six weeks in the past year.

The Veteran's right ear hearing loss claim is denied as she does not have a current disability.,The Veteran’s breast cancer with lumpectomy, including as due to exposure to hazardous materials, and her psychiatric disorder including PTSD (due to military sexual trauma and/or as secondary to breast cancer) claims are remanded for further development.,The Veteran's GERD claim is remanded in conjunction with the breast cancer claim.,The Veteran’s left knee, right knee, left shoulder, right shoulder, cervical spine, thoracolumbar spine, left upper extremity condition (secondary to cervical spine condition), and right upper extremity condition (secondary to cervical spine condition) claims are remanded for further development.,The Veteran's left lower extremity and right lower extremity conditions are also remanded in conjunction with the breast cancer claim.

The Veteran's claim for an increased rating for his chronic lumbosacral strain is being remanded due to the need for additional development, including a new VA examination.

The Board has determined that the claims for increased ratings and earlier effective dates for lumbar spondylosis and PTSD, as well as the TDIU claim, are inextricably intertwined. Therefore, these issues must be remanded to allow for proper procedural steps.

The Board has granted the Veteran's application to reopen his claim of service connection for a lumbosacral spine condition, and remanded it for further development.

An increased disability rating of 40 percent for lumbar disorder is granted effective April 1, 2008.,A higher disability rating in excess of 20 percent prior to April 1, 2008, and a compensable rating thereafter for TBI with cephalgia are denied.

The Veteran's low back strain with osteoarthritic changes was granted a 40% rating from October 16, 2018. Prior to December 29, 2010, the condition warranted a 10% rating and from December 29, 2010 to October 16, 2018, it warranted a 20% rating.

The Board has remanded the issues of increased rating for mechanical low back pain, service connection for acquired psychiatric disability, and TDIU due to unresolved legal or factual questions.

The Board has decided that the claim of entitlement to a disability rating exceeding 20 percent for a lumbar spine disability should be remanded due to new and relevant evidence received since the last decision.

The Veteran's request to reopen service connection for a back disorder is denied. Service connection for residuals of traumatic brain injury is granted, but the initial rating for bilateral hearing loss remains noncompensable.

The Board has ordered a remand for further examination to ensure that the examinations comply with specific regulations regarding testing and flare-ups. The Veteran's claim for an increased rating remains on appeal.

The Veteran's appeals for service connection for left and right foot disabilities, other than pes planus, have been dismissed.,Service connection has been granted for bilateral hearing loss and tinnitus.

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss and sleep disorder, but has remanded his remaining service connection claims due to insufficient evidence. The decision also granted service connection for bilateral hearing loss.

The Veteran's heart condition (syncope) is not service connected. The claims for right and left hip disabilities secondary to the back disability are granted, as well as the claim for depressive disorder due to service-connected migraines, knee disabilities, and a back disability. The rating for migraines remains at 30 percent.

The Board denied the Veteran's claims for service connection for right shoulder disability, lumbar spine disability, and bilateral hearing loss. The Board found that there was no evidence of in-service injury or disease related to these conditions, and that any current disabilities were not incurred during active duty.

The Board has remanded several issues including service connection for various conditions, a rating higher than 20 percent for degenerative joint and disc disease of the lumbar spine, and a rating higher than 10 percent for left lower extremity radiculopathy. The Veteran's claims for increased ratings and service connection are also being remanded.

The Veteran's claim for a higher rating for her low back disability and associated right lower extremity peroneal nerve palsy was denied as there is no evidence of unfavorable ankylosis or forward flexion limited to at least 30 degrees, which would warrant a higher rating.