Back / lumbar spine decisions — 2019

The Veteran's claim for an effective date earlier than December 8, 2011 for service connection for obstructive sleep apnea was denied.,An effective date of December 8, 2011 but no earlier is granted for the grant of service connection for a back disability. The Veteran’s original claim for this condition was received on December 8, 2011.

The Board has remanded the claims for increased ratings and effective dates due to insufficient medical evidence in the record.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities, including bilateral hearing loss, tinnitus, cervical strain, lumbar strain with degenerative arthritis, and left knee disability. The decision also acknowledges the Veteran's inability to secure or follow a substantially gainful occupation as a result of these conditions.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's low back condition, specifically a lack of an adequate nexus opinion from a VA examiner.

The Veteran's claims for service connection for rheumatoid arthritis, left hip disability, cervical spine disability, and low back degenerative disc disease have been dismissed as the Veteran withdrew his appeals for these issues prior to a decision being made.

The Board has determined that there is insufficient evidence to decide the Veteran's claims for service connection for lower back condition, limitation of flexion of the left hip, and limitation of flexion of the right hip. The cases are being remanded for further development.

The Board denied an extraschedular rating for the Veteran's service-connected lumbosacral strain, finding that the established schedular criteria adequately described her symptoms and that she did not meet the requirements for an extraschedular rating.

The Board denied service connection for low back and bilateral foot disabilities, hepatitis A/B, and a psychiatric disorder. The claim for hepatitis A/B was reopened but the service connection remains denied.

The Board has decided to remand the Veteran's claims for an annual VA clothing allowance due to the use of various braces and a skin medication. The case will be returned to the VHA for further review, including sending a new VCAA notice letter and obtaining additional records.

The Board has reopened the claim and granted service connection for degenerative disc disease of the lumbar spine, finding that it is related to a back injury sustained during active duty.

The Veteran's appeal for an increased rating for erectile dysfunction is dismissed as he withdrew his claim during the July 2017 Board hearing.,The Veteran’s claims of service connection for a right shoulder disability, pulmonary sleep disorder (claimed as sleep apnea), and right lower extremity nerve disability are remanded due to insufficient evidence addressing secondary service connection theories.,The Veteran's claim of service connection for a pulmonary sleep disorder is remanded due to insufficient evidence addressing the relationship between his obesity and service-connected disabilities, and whether it was caused or aggravated by his psychiatric disability.,The Veteran’s claim of service connection for a right lower extremity nerve disability is remanded as there are conflicting diagnoses in the medical records regarding this condition.,The Veteran's claims of increased ratings for lumbar spine degenerative joint disease, left knee instability with osteoarthritis, and right knee osteoarthritis are remanded due to insufficient evidence addressing his functional limitations during the period from August 11, 2011 to September 2012.,The Veteran's claim of increased rating for left lower extremity sciatic nerve disability is remanded as there are conflicting diagnoses in the medical records regarding this condition.,The Veteran’s claims of increased ratings for depression are remanded due to insufficient evidence addressing his functional limitations during the period from August 11, 2011 to September 2012.

The Veteran's claims for service connection have been remanded due to the submission of new evidence that relates to unestablished facts necessary to substantiate his claims.

The Board has determined that the Veteran does not have a bilateral eye disability due to disease or injury in service.,The evidence does not show a diagnosis of tinnitus during service or for many years thereafter, and is unrelated to active military service.

The Veteran's increased ratings for low back strain and cervical neck strain have been denied as the evidence does not show forward flexion of the thoracolumbar or cervical spine to 30 degrees or less, nor favorable ankylosis.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no evidence linking his current condition to service or within one year of discharge.

The appeal for an extra-schedular rating for PTSD is denied. The issues of service connection for acid reflux and right shoulder strain are remanded.

The Veteran's service connection claims for headaches, chest congestion and body aches, right ankle disability, left lower extremity radiculopathy (secondary to lumbar spine disability), right lower extremity radiculopathy (secondary to lumbar spine disability), and a 10% rating for right thumb/hand disability have been granted. The Veteran's claims for service connection for an acquired psychiatric disorder, bilateral hearing loss, tinnitus, increased ratings for his lumbar spine disability, cervical spine disability, and related neurological impairments in the extremities, and TDIU are remanded.

The appeal to reopen a claim of service connection for a low back disability is granted. The Veteran's claim for a rating in excess of 70 percent for PTSD and TDIU are remanded.

The Board has determined that the Veteran's claims for increased ratings for his service-connected degenerative arthritis of the lumbar spine with L5/S1 spondylolisthesis and right lower extremity lumbar radiculopathy require additional examination to determine the current extent of disability.

The Veteran's appeal involves multiple issues related to his service-connected conditions, including diabetes mellitus type II, contact dermatitis of the low back, and osteopenia. The Board has determined that further examination is needed for the osteopenia issue due to its potential connection to other service-connected disabilities.