Back / lumbar spine decisions — 2019

The Veteran's sinusitis is not manifested by incapacitating episodes or three to six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting.,The Board has expanded the scope of the Veteran’s claims to encompass any diagnosis raised by the record. The matter is REMANDED for further development as described above.,Entitlement to service connection for a lung disability is remanded due to lack of medical opinion addressing causation related to service, Gulf War exposure, or undiagnosed illness.,The Veteran's acquired psychiatric disability (including anxiety, depression, and PTSD) is remanded due to the need for further development as described above.,Entitlement to an initial compensable rating for sinusitis is denied.

The Board has found that further development of the evidence is required prior to adjudicating the Veteran's service connection claims, including obtaining VA treatment records from 1987 onwards.

The Board has remanded the Veteran's claim for an increased disability rating for chronic lumbar strain due to inadequate examination reports and failure to address flare-ups during the appeal period.

The Board has granted service connection for bilateral hearing loss, but the issue of service connection for lumbago with sciatica and intervertebral disc degeneration (low back disability) is remanded due to insufficient medical evidence.

The Board denied service connection for a back condition, finding that the Veteran's current diagnosis is not related to his active duty service. The claim was granted for bilateral glaucoma.,Service connection for bilateral glaucoma was established as it is presumed due to an in-service eye injury.

The Veteran's lumbar spine disability is rated at 40 percent effective March 25, 2003. A separate rating of 10 percent for right lower extremity radiculopathy is granted effective April 15, 2014.

The Veteran requested to withdraw his appeals on multiple service connection and rating issues, including those related to lumbar spine disorder, bilateral pes planus, right hand CTS, left hand CTS, PTSD, cervical spine disorder, trouble breathing, sleep apnea, bilateral pulmonary embolisms, and insomnia disorder. The Board dismissed the appeal due to withdrawal.

The Veteran's left knee condition is granted service connection as it is related to his service-connected right hip disability.,Service connection for the Veteran's back condition and left hip condition are denied due to lack of a current diagnosis.

The Veteran's medical expenses incurred at Sarasota Memorial Hospital on April 13, 2016 for his abdominal pain were granted as the delay in seeking immediate medical attention was considered hazardous to life or health due to his severe right flank and abdominal pain.

The Veteran's right hand carpal tunnel syndrome is rated at 50 percent, effective January 8, 2019.,The Veteran's lumbar spine disability and associated radiculopathy of the lower extremities are not rated higher than 20 percent.

The Veteran's claims for earlier effective dates and increased ratings have been denied. The Board found that the Veteran did not file a claim prior to October 22, 2012, for PTSD, migraine condition, radiculopathy of the right lower extremity, thoracolumbar spine condition, or cervical spine condition.

The Board has remanded the Veteran's claims for cervical and thoracolumbar spine disorders, as well as radiculopathy of both lower extremities. The claims are being returned to the agency of original jurisdiction (AOJ) for further development.

The Board has remanded the claims for service connection due to insufficient evidence, and no effective date earlier than April 8, 2014, was assigned.

The Veteran's claim for service connection for scoliosis, thoracolumbar spine was granted. The claim for service connection for degenerative joint disease (DJD), lumbar spine remains denied.

The Veteran's appeals regarding his lumbar spine, left hip arthritis, and left knee disabilities have been dismissed as he withdrew the issues with full understanding of the consequences.

The Veteran's melanoma is granted service connection. The claims for bronchitis, low back disability, and upper back disability are remanded.

The Veteran's service-connected disabilities, including bilateral hearing loss and multiple musculoskeletal conditions, contributed to his death from sepsis due to a decubitus ulcer. The Board found that these disabilities rendered him materially less capable of resisting the effects of other causes of death.

The Veteran's combined disability rating is at most 50 percent, which does not meet the threshold requirements for TDIU. The evidence of record indicates that the Veteran had the capability to obtain and maintain substantial gainful employment during the appeal period.

The Veteran requested the withdrawal of her appeal regarding service connection for low back disability, and the issue is dismissed.

The Veteran's left and right lower extremity radiculopathy are granted with a 20% evaluation each. The issue of an increased evaluation for lumbosacral strain with degenerative arthritis is remanded.