Back / lumbar spine decisions — 2020

The Board has granted the Veteran's claims for service connection for a right hip disability and a lumbar spine disability, finding that these conditions are at least as likely as not related to his active service.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and entitlement to TDIU due to his service-connected PTSD. The Board found that there was no evidence linking the current lumbar spine disability to service, and concluded that the Veteran could still secure and follow substantially gainful employment despite his service-connected PTSD.

The Board has reopened the Veteran's claim for service connection for prostate cancer and remanded other claims due to insufficient evidence regarding his exposure to herbicide agents in Vietnam.

The Veteran's left knee arthralgia and degenerative joint disease of the lumbar spine have been rated based on their current manifestations.,The Veteran is entitled to a separate rating for slight instability of his left knee, but not an increased rating for his service-connected left knee disability.

The Board denied service connection for residuals of cold injury to bilateral hands and feet, as there is no evidence of a current disability.,Service connection was also denied for the Veteran's sleep disorder, which the Board found not related to active duty service. The Board noted that post-service medical records did not show any diagnosis of sleep apnea.,The Board determined that the Veteran’s low back disability is not service connected, as there is no evidence linking his current condition to in-service injuries.

The Board has remanded several issues for further development, including a new VA examination to assess the Veteran's left index finger laceration scar residuals and chemical burn scars. The low back disability issue is also linked with other service-connected disabilities, requiring further review.

The Veteran's herniated nucleus pulposus and lumbar facet syndrome are not rated higher than 40 percent due to lack of ankylosis or IVDS with incapacitating episodes.,For the period prior to June 7, 2018, the Veteran’s sciatic nerve radiculopathy is rated at 20 percent. For the period following June 7, 2018, it remains rated at 20 percent.

The Veteran's claims for service connection were denied, except for the reopening of a low back disability claim and granting of service connection for a right testicular condition. Other conditions remain denied.

The Board granted service connection for right ankle degenerative arthritis, lumbar spine degenerative disc disease and spondylolisthesis (lumbar spine disability), asthma, and tension headaches. The effective dates were assigned based on the Veteran's requests.,The earlier effective date of April 30, 1999 for the grant of service connection for right ankle degenerative arthritis was granted as requested by the Veteran.

The Veteran's low back disorder was granted a 20 percent rating effective August 25, 2010. The rating has been increased to 10 percent from June 8, 2016.

The Board has granted service connection for right ear hearing loss. The remaining claims of increased ratings for COPD, neck scar, and service connection for left ear hearing loss, lumbar spine disability, cervical spine disability, and sleep apnea are remanded.

The Board has remanded the cases for further development and an addendum opinion. The Veteran's claims for service connection are not granted as there is no evidence of a claim prior to December 12, 2017.

The Board denied service connection for lumbosacral spine degenerative joint disease and chronic headache disability, finding that the preponderance of evidence did not support a nexus to service.

The Veteran's claims for tuberculosis, lumbosacral strain, a skin condition affecting the entire body, and PTSD/Depressive Disorder have been granted. The claim for service connection for tuberculosis was reopened due to new evidence showing exposure during service. Service connection is established for lumbosacral strain and a skin disorder affecting the entire body. The Veteran's claims for PTSD and depressive disorder were also reopened.

The Board has denied service connection for a low back disability, sleep apnea, and TBI. The Veteran's claims for PTSD and headaches are remanded.,Service connection is not granted for the Veteran’s claimed conditions as there is no credible evidence of in-service injury or disease.

The Board has decided to remand the claims of service connection for low back pain condition, left ankle condition, bilateral hearing loss, and tinnitus due to the need for updated medical records and examinations.

The Veteran's claim for a separate disability rating for urinary incontinence related to his service-connected lumbar spine DDD and spinal stenosis with IVDS was denied.,His claim for an initial rating in excess of 70 percent for major depressive disorder since August 2, 2013 was also denied.

The Board has determined that additional development is needed for the Veteran's claims of service connection for back, left foot, right foot, and eye disabilities. The claims are remanded to allow for further examination and consideration.

The Veteran's claim for service connection for PTSD is granted, and the cases are remanded for further evaluation of other claimed conditions.

The Veteran's claim for special monthly pension based on the need for aid and attendance or housebound status was denied because he did not meet the criteria of needing regular aid and attendance, nor was he considered to be housebound.,The Veteran's application for non-service-connected disability pension benefits was also denied due to his income exceeding the maximum annual pension rate (MAPR).