Back / lumbar spine decisions — 2020

The Board has denied the Veteran's claims of service connection for bilateral hearing loss, tinnitus, Meniere's disease, and a back disability. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board has granted an effective date of February 11, 2006 for the award of a TDIU based on service-connected disabilities.

The Board denied the veteran's claim for service connection of a low back condition, finding no evidence linking his current condition to his active duty service.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and a right shoulder disability, as well as an increased rating for his thoracolumbar spine disability. The evidence did not establish that these conditions were incurred in or related to service.

The Veteran's claim for a disability rating in excess of 40 percent for chronic low back strain with degenerative disc disease (low back disability) has been denied. The issue of total disability rating based upon individual unemployability prior to March 26, 2018 is remanded.

The Veteran's disability evaluation for degenerative joint disease of the lumbar spine was granted at a 20 percent rating prior to May 16, 2019 and at a 30 percent rating from that date.

The Board has denied the Veteran's claims for service connection for left leg and low back disabilities, finding no in-service events or diseases that could be linked to these conditions.

Service connection for tinnitus is granted. The Board found that the Appellant's current tinnitus arose in service and has continued since separation from service.,Service connection for low back disorder is denied. The VA examiner opined that the condition did not arise during or as a result of service.

All increased rating and earlier effective date claims have been dismissed as the Veteran withdrew his appeals.

The Board has determined that the Veteran's current low back disability, bilateral hearing loss, tinnitus, and obstructive sleep apnea are not service-connected. The claims for these conditions have been remanded to obtain additional medical opinions.

The Veteran's claim for service connection for a heart disability was denied due to lack of evidence of disease or injury in service. The claim is not reopened as new and material evidence has not been received.,Service connection for PTSD and major depressive disorder cannot be established as the Veteran does not meet the criteria for a diagnosis of PTSD, which requires a specific stressor event. Major depressive disorder was diagnosed but there is no link to service or an in-service stressor.,The Veteran's skin disability (presumably seborrheic dermatitis and actinic keratoses) is presumed due to exposure to herbicide agents during service.,There is no evidence of a bilateral shoulder disability at any time during the pendency of the claim. The preponderance of evidence does not support a finding that the Veteran has a current disability or that it is related to service.,Diabetes mellitus was not present in service and there is no link between diabetes and service, including exposure to herbicide agents.,The bilateral eye disability (presumably macular disease, cataracts, and presbyopia) is presumed due to exposure to herbicide agents during service. There is no evidence of a current disability or that it is related to service.,There is no evidence of a bilateral knee disability at any time during the pendency of the claim. The preponderance of evidence does not support a finding that the Veteran has a current disability or that it is related to service.,The lumbosacral strain was not present in service and there is no link between the condition and service.

The Veteran's claims for increased ratings for intervertebral disc syndrome with lumbosacral strain and radiculopathy, left femoral nerve were denied. The case is remanded to issue a supplemental statement of the case.

The Veteran's headaches are granted as secondary to his service-connected major depressive disorder. The other conditions were denied due to lack of a current disability or no evidence linking them to service.

The Board has granted service connection for a low back disorder, to include scoliosis. The claims for right hip disorder and headache disorder are remanded due to lack of substantial compliance with the April 2018 remand directives.

The Board denied service connection for a lumbar spine disability, gynecological disorder, disorders manifested by tics of the right and left leg and arm, and peripheral neuropathy of the left lower extremity. The reasons given were that there was no credible evidence linking these conditions to service.,The VA examinations found no current disabilities related to the claimed conditions.

The Veteran's claims for service connection have been granted, and the Board has ordered further development to determine the current severity of his gastrointestinal condition and hyperkeratosis of the feet.

The Veteran withdrew his appeal, and all issues on appeal have been dismissed.

The Veteran's lumbosacral strain is rated at 40 percent, effective July 2, 2020. The claim for TDIU prior to December 18, 2013, is dismissed as moot due to the receipt of a 100% schedular disability rating for his psychiatric disorder.

The Board has remanded the claims for service connection for concussion, migraine headaches, and a back condition due to insufficient evidence. The scar on lip claim is denied as there is no current disability.

The Veteran's claims for increased ratings for DJD of the SI joints with lumbar osteoporosis, right wrist scapholunate ligament tear, and DJD of the right hip have been denied as there is no evidence showing that any of these conditions warrant a rating in excess of their current 20 percent, 10 percent, and 10 percent ratings, respectively.