Back / lumbar spine decisions — 2019

The Board has decided that the Veteran's claims for service connection for lower back disability, traumatic brain injury (TBI), right knee disability, and left knee disability must be remanded due to incomplete records from Social Security Administration.

The Veteran's claim for an increased rating for his right elbow disability has been granted with a 40% rating effective from April 4, 2011. The earlier effective date request was denied as the evidence did not show that an increase in disability occurred within one year prior to the filing of the claim.,The Veteran's claim for service connection for temporal lobe syndrome has been reopened due to new and material evidence provided since the January 2011 Board decision. The issue is now pending further review.

The Board has remanded the Veteran's claims of service connection for lumbar spine disability, bilateral lower leg pain, and neuropathy of the left upper extremity due to inadequate examination opinions. The claim for a compensable evaluation for bilateral hearing loss is also remanded.

The Veteran's claim for a rating in excess of 10 percent for his lumbar DDD was denied. A separate 10 percent rating for radiculopathy of the left lower extremity is granted, effective May 12, 2010. The Veteran's claim for a TDIU was also denied.

The Veteran's claims for cervical spine injury, low back injury, and migraine headaches have been granted. Service connection is established for these conditions.,Service connection for depressive disorder (claimed to include PTSD) has also been granted.

The Board has remanded the cases for further development and examination, including obtaining SSA records and scheduling VA examinations to determine if any low back disability or acquired psychiatric disorder are related to service.

The Board has reopened the Veteran's claims for service connection for cervical spondylosis and degenerative disc disease, lumbar spine with disc herniation L4-5. However, it was determined that these conditions are not related to his military service.

The Board denied the Veteran's claims for service connection for neck and back conditions, but remanded his claim for a respiratory condition due to potential asbestos exposure.

The Board has remanded the claims of service connection for a lumbar spine disability and a cervical spine disability due to additional development being necessary.

The Board has ordered a new VA examination to assess the severity of the Veteran's low back disability due to incomplete testing in the previous examination. The claim will be reconsidered based on this new evidence.

The Veteran's service connection for hearing loss is denied as there is no in-service event or injury that can be causally connected to the current diagnosis.,The Veteran's right knee disability is rated at 10 percent, and a higher rating is not granted due to lack of additional limitation of motion following repetitive use testing.,New evidence has been received sufficient to reopen the claim for service connection for low back disability.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of December 21, 2016.

The Board denied service connection for thoracolumbar degenerative disc disease and COPD, finding that the Veteran did not meet the criteria for these conditions based on his service records and medical history. The effective date of service connection for thoracolumbar degenerative disc disease was set at December 3, 2009.

The Veteran's claim of service connection for a back disability, including cervical and lumbar spine disabilities, is granted. The rating assigned is 10 percent.

The Veteran's appeal is remanded for several issues, including the propriety of reducing his disability rating from 40 percent to 10 percent and for a TDIU determination. A new examination is also needed due to an inadequate previous C&P evaluation.

The Veteran's TMJ with disc displacement of the left side of the jaw was rated at 10 percent, and denied an increased rating.,Service connection for a vascular nerve injury of the left hand, peripheral neuropathy of the upper and extremities, low back disability, GERD, right hip disability, right shoulder disability, left shoulder disability, sleep disorder, bilateral shin disability, left knee disability, and right knee disability were all denied.

The Board denied the Veteran's request for an effective date prior to February 1, 2016 for adding his spouse and two minor children as dependents to his award of Department of Veterans Affairs disability compensation. The decision was based on the fact that proof of dependent status was not received within one year of notification of the May 2004 rating action.

The Veteran's increased rating claim for anxiety disorder was granted. Service connection for a lumbar spine disability and cervical spine disability were granted. The Veteran's claims for service connection of chronic headache disorder, bilateral hearing loss, and tinnitus are remanded.

The Veteran's service-connected disabilities, including PTSD, right knee replacement, back disability, degenerative joint disease of the right knee, radiculopathy of the right lower extremity, left knee strain, and hypertension, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has granted service connection for a low back disorder, diagnosed as spinal spondylosis with bulging annulus, finding that it is related to the Veteran's military service.