Back / lumbar spine decisions — 2019

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board has granted separate ratings for radiculopathy of the right lower extremity, bowel dysfunction secondary to the lumbar spine disability, and voiding dysfunction secondary to the lumbar spine disability.

The Board has decided to remand the Veteran's claim for service connection of post-operative residuals of a lumbar spine injury due to inadequate medical opinions and need for clarification on whether the Veteran wishes another hearing.

The Board has denied the Veteran's claims of service connection for low back disability, bilateral knee disability, and skin disability due to lack of evidence linking these conditions to his active duty service.

The Veteran's claims for increased ratings and TDIU are remanded due to incomplete examinations. The left ankle disability is rated at the maximum schedular rating, while the low back disability requires further examination to determine appropriate ratings.

The Board has remanded the claims for a cervical spine disorder and a lumbar spine disorder due to new evidence received since the last final denial. The Veteran's testimony supports his claims, but service connection is denied as there is no medical evidence linking current symptoms to an in-service injury.

The Board has remanded the cases for further development and consideration due to deficiencies in previous examinations.

The Board denied service connection for a back disability, including herniated nucleus pulposus L4-5. The effective dates for the other claims were also denied.

The Veteran's claim for service connection for bilateral tinnitus is granted. The claims for increased rating for low back strain and service connection for facial basal cancer are remanded.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that his pre-existing condition was aggravated during his period of active duty training (ACDUTRA) between April 24, 2006 and May 1, 2006.

The Veteran's TDIU claim is granted since July 13, 2007 due to his service-connected disabilities preventing him from securing and following a substantially gainful occupation.

The Veteran's service-connected lumbosacral strain with mild to moderate osteoarthritis and degenerative spondylosis of the lumbar spine, associated with right hip impairment post stress fracture femoral neck, is not rated higher than 20 percent. The radiculopathy of the right lower extremity is granted at a 10 percent rating prior to April 29, 2015 and denied thereafter.

The Board has remanded the claims for service connection due to a duty to assist error in obtaining an adequate medical opinion regarding the etiology of the Veteran's low back disability and peripheral neuropathy. The examiner must provide opinions on whether these conditions are related to the Veteran's in-service injury, if they began during active service, and if any peripheral neuropathy is aggravated by the low back disability.

The Veteran's TBI is granted, and his tension headaches are denied. The Veteran's arthritis of the lumbar spine, left foot metatarsalgia (post-stress fracture), sinusitis, and allergic rhinitis are all remanded for further evaluation.

The Veteran's claim for an effective date earlier than August 21, 2015, for the grant of service connection for a low back disability was denied. The decision found that there is no document of record that can be construed as an informal or formal claim for service connection for a back disability received after the final September 1996 denial but prior to August 21, 2015.

The Board has remanded the claims for bilateral knee disorders, low back disorder, and acquired psychiatric disorder to include an adjustment disorder with anxious and depressed mood. The claim for Dupuytren contracture of the right hand is also remanded.

The Veteran's initial compensable disability rating for hemorrhoids from March 19, 2015 to April 16, 2018 is denied. Service connection for a right foot disorder is granted. The claims of service connection for left knee disorder, low back disorder, sleep apnea, migraine headaches, and hypertension are remanded.

The Veteran's claim for an acquired psychiatric disorder, including PTSD, was denied as there is no evidence of a current disability or causal relationship to service.,Service connection for swelling of the left testicle was denied due to lack of documented pathology and continuity of symptomatology.,Bilateral hearing loss and tinnitus were not granted service connection as they did not manifest within the applicable presumptive period and there is no evidence linking them to in-service noise exposure or other events.,Service connection for eczematous dermatitis was denied due to lack of a current diagnosis related to service, including fuel exposure during service.,Degenerative arthritis of the lumbar spine was granted a 20% rating as it meets the criteria under Diagnostic Code 5242.,Increased rating for degenerative arthritis of the lumbar spine was not granted as there is no evidence of unfavorable ankylosis.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU.

The Veteran's appeal is remanded for additional examinations and opinions to address the nature and etiology of his sleep apnea, as well as the severity of his back disability with associated radiculopathy of the bilateral lower extremities. The issues of service connection for sleep apnea, ratings for lumbar strain with degenerative arthritis, radiculopathy of the left and right lower extremities, and TDIU are also remanded.

The Veteran's lumbar spine disability is currently rated at 10 percent from November 25, 2013 to October 12, 2017 and at 20 percent from October 12, 2017 to September 5, 2018. The Board has remanded the claims for increased ratings due to inadequate VA examinations.