Back / lumbar spine decisions — 2019

The Veteran's appeal for a higher rating for his right elbow condition was dismissed. His bilateral hearing loss is now rated at 10 percent, effective June 10, 2019.,Service connection has been granted for degenerative arthritis of the right knee and degenerative joint disease of the lumbar spine.

The Veteran's tinnitus, thoracolumbar spine disorder, and cervical spine disorder are all found to be related to service. The Board has granted service connection for these conditions.

The Veteran's low back, thoracic outlet syndrome (right side), and left ankle disabilities are all granted as service-connected.

The Board has denied the Veteran's claims for service connection for a right ankle disability and a low back disability, finding that there is no evidence to support these claims.

The Board has determined that a new VA examination is needed for the Veteran's low back disability, left groin and lower extremity disabilities, and acquired psychiatric disability due to their current severity and etiology. The claims are being remanded.

The Veteran's appeal is remanded for further examination and determination regarding his low back disability. The rating for his acquired psychiatric disorder remains denied.

The Board has denied compensation benefits for a lumbar spine disorder under 38 U.S.C. § 1151 due to the lack of evidence showing that the November 2011 VA iron infusion caused an additional disability.

The Board has determined that the Veteran's current lumbar disability is related to his service, and therefore grants service connection for this condition.

The Board has decided to remand the severance of service connection for several conditions due to insufficient evidence regarding the appellant's earlier period of service.

The Board denied service connection for low back, bilateral knee, left ankle, gout, skin disorder (claimed as rash), and cardiovascular disorders. The reasons given were that the Veteran did not have a pre-existing condition prior to service, there was no clear evidence of aggravation during service, and the current conditions are not related to service.,The Board found that the Veteran's low back disorder is due to post-service employment rather than service.

The Veteran's appeal is granted as her NOD was timely filed. The Board finds that the Veteran submitted new and material evidence within one year of the March 2016 rating decision, thus keeping her claims pending at the time of her submission of a Notice of Disagreement in April 2017.

The Veteran's right arm disability is not service-connected, and his low back disability does not warrant an increased rating.

The Board has granted service connection for a low back disability, including degenerative joint disease of the thoracolumbar spine, finding that it is as likely as not related to the Veteran's active military service.

The Veteran's chronic low back disorder was not incurred in or service and is not presumed to have been incurred in service.

The Board has vacated its September 2019 decision due to the failure to consider new evidence submitted by the Veteran. The claims of service connection for low back and right knee disabilities are reopened, but the issues remain remanded as additional medical opinions are needed.

The Board denied the Veteran's claim for service connection for a lower back disability, finding that there was no clear and unmistakable evidence showing the condition preexisted service. The VA examiner opined that the current diagnoses of degenerative arthritis and spinal stenosis were not related to service.

The Veteran's diagnosed lumbosacral strain was likely aggravated by his service-connected residuals of a right ankle sprain, and the Board has granted service connection for this condition.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation under 38 U.S.C. § 1114(s) as he does not have a single 100% disability and is not permanently confined to his immediate premises due to his service-connected conditions.

The Veteran's skin condition, diagnosed as tinea cruris, recurrent, of the bilateral groin and thighs and tinea corporis of the right leg, had onset in service. The remaining issues on appeal are remanded for further development.

The Board has remanded the Veteran's claims for service connection due to incomplete records from his National Guard service. The claims will be reviewed with these additional records.