Back / lumbar spine decisions — 2019

The Veteran's claims for service connection for a lower back condition and gastro ailments (previously claimed as chronic stomach disorder) have been granted. However, the Board found that there is no evidence of a nexus between these conditions and service.

The Veteran's lower back, right knee, left knee, and right ankle disabilities are all denied as service-connected. The claims for increased ratings for these conditions remain pending.

The Board has remanded the claims for an initial rating higher than 20 percent for a lumbar spine disability and for an effective date earlier than March 10, 2010, for the grant of entitlement to a total disability rating based on individual unemployability (TDIU). Additional development is needed, including obtaining updated treatment records from Madigan Army Medical Center and scheduling another VA examination.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the Board finds no basis to grant a higher rating.,PTSD was initially rated at 30 percent prior to September 15, 2017, and at 70 percent thereafter. The Board finds no basis for an increased rating.,The Veteran's claim for neuropathy sciatic nerve, right lower extremity (RLE) secondary to lumbosacral strain was granted with an effective date of July 24, 2012.,The Veteran's claim for neuropathy sciatic nerve, left lower extremity (LLE) secondary to lumbosacral strain did not meet the criteria for an earlier effective date.

For the period from January 13, 2006 to January 23, 2008, the Veteran's service-connected DDD of the lumbar spine did not meet the criteria for a higher rating than 10 percent.,Since January 24, 2008, the Veteran's service-connected DDD of the lumbar spine did not meet the criteria for a higher rating than 20 percent.

The Veteran's claims for increased ratings and TDIU are being remanded due to the submission of new evidence since the January 2017 Statement of the Case.

The Board denied service connection for bilateral hearing loss, tinnitus, low back disability, sleep apnea, skin disorder (seborrheic dermatitis), and type II diabetes mellitus due to a lack of evidence showing current disabilities or a link between the conditions and service.,Service connection was not granted as there is no evidence of a current disability for any of these conditions under VA regulations.

The Board has remanded the cases for further development and examination to determine if any current disabilities of the bilateral hips, bilateral knees, and right foot, big toe are related to service.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions.,The Veteran's claim for an initial compensable rating for neutropenia is being remanded as there may be a worsening of his condition since the last examination in July 2012.,The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions.,The Veteran's claim for an initial compensable rating for a right hand scar is being remanded as there may be a worsening of his condition since the last examination in July 2012.,The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions.,The Veteran's claim for service connection is being remanded due to the need for additional examinations and opinions.,The Veteran's claim for service connection is being remanded due to the need for additional examinations and opinions.,The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions.,The Veteran's claim for service connection is being remanded due to the need for additional examinations and opinions.,The Veteran's claim for service connection is being remanded due to the need for additional examinations and opinions.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded.

The Veteran's initial lumbosacral spine disability rating is increased to 20% effective May 4, 2018.,The Veteran's GERD is rated at 30% effective November 30, 2012.

The Board denied service connection for back, right knee, and left knee disabilities due to a lack of evidence showing the conditions were incurred or aggravated by service.

The Board dismissed the petition to reopen a claim of entitlement to service connection for scoliosis based on the receipt of new and material evidence. The claims for left leg numbness and tingling, right leg numbness and tingling, left foot plantar fasciitis, right foot plantar fasciitis, right restless leg syndrome, left restless leg syndrome, and thoracolumbar spine degenerative joint/disc disease are remanded for additional development.

The Veteran's back condition, right ear hearing loss disability, and left ear hearing loss disability are all found to be related to his military service. However, the Veteran's bilateral calf muscle claudication is not considered service-connected.,The Veteran was exposed to herbicide exposure during his service in Vietnam, which may have contributed to his sinusitis condition.

The Board has reopened the Veteran's claim of service connection for a low back condition and remanded it due to insufficient evidence. The testicular disorder claim is also remanded.

The Board has reopened the service connection claim for a back disability and remanded the issues of service connection for right hip and left hip disabilities. The Veteran's right ankle strain is also being remanded for additional development.

The Board has granted service connection for tinnitus and denied service connection for bilateral hearing loss, low back disability, right wrist disability, right knee disability, and left knee disability. The Veteran's current tinnitus is found to be related to his military noise exposure during active service.

The Board has denied the Veteran's claims for service connection for hydromyelia and a rating in excess of 20 percent for his thoracolumbar spine disability, finding that there is no evidence of additional disability due to any superimposed injury or disease during service.

The Veteran's initial compensable rating for service-connected deviated septum is denied. The Board remanded the issue of service connection for a back disability, but did not reach a decision on it.

The Board has determined that the VA examinations and opinions provided were inadequate, and thus the claims for service connection of a low back disability and an initial compensable rating for dyssomnia, NOS must be remanded for additional development.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and conflicting evidence in some cases. The issues of entitlement to service connection for various disabilities are being returned to the RO for further development.