Back / lumbar spine decisions — 2020

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no medical evidence linking the current condition to his time in service. The Board also found that the Veteran did not meet the criteria for direct service connection.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and evaluations.

The Board denied service connection for cervical spine disability, lumbar spine disability, bilateral carpal tunnel syndrome, and initial compensable rating for service-connected bilateral hearing loss.

The Veteran's appeals for increased ratings and TDIU were dismissed due to his death.

The Board has granted service connection for left knee and low back osteoarthritis. The TDIU issue is remanded due to the AOJ's failure to obtain employment information from the Kentucky Department of Fish and Wildlife Resources.

The Veteran's request to reopen the claim for lumbar myofascitis with T9 hemangioma and chronic low back pain was denied. The claim for erectile dysfunction is also denied.,The Board has determined that there is no new and material evidence to reopen the claim of service connection for lumbar myofascitis with T9 hemangioma and chronic low back pain, as the evidence does not relate to an unestablished fact necessary to substantiate the claim. The Veteran's erectile dysfunction claim was also denied.,The Board found that there is no nexus between the Veteran’s acquired psychiatric disorder (PTSD) and his service.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbar spine were dismissed due to his death.

The Veteran's appeal is remanded for additional examinations and a retrospective medical opinion to assess the severity of his lower back disability prior to August 3, 2017. The issues of PTSD, GERD with hiatal hernia and IBS, allergic rhinitis, and bilateral pes planus with bilateral plantar fasciitis are also remanded for updated examinations.

The Veteran's service connection claims for joint pain, low back disability, and tinnitus have been denied as there is no evidence of a nexus between the current conditions and his military service.,Tinnitus was diagnosed by VA examination but the Board finds that it did not manifest during or within one year after service.

The Board has dismissed the Veteran's claims for service connection for duodenal and gastric ulcers, chronic B-12 deficiency with liver enzyme disorder, diabetes mellitus, an acquired psychiatric disorder (claimed as PTSD, schizoaffective mood disorder, bipolar type, and pain disorder due to psychological and general medical conditions), a skin disorder (recurring back cysts), fibromyalgia, hyperlipidemia, a neurological disorder (to include waist-down paralysis, seizures, blackouts, neuropathy, and Morton’s neuroma), arthritis, hypertension, a thyroglossal duct cyst, and T10-11 spinal osteophyte and degenerative disc disease with muscle pain spasm and lower back-leg weakness (thoracolumbar spine disorder).

The Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment due to his orthopedic conditions, hearing loss, and tinnitus.

The Board has granted the Veteran's claim for service connection for right lower extremity sciatica as secondary to his now service-connected lumbar spine disability.

The Board has remanded the claims of service connection for acquired psychiatric disability, lumbar spine disability, left leg disability to include left lower extremity, right leg disability to include right lower extremity, left foot disability, and right foot disability due to insufficient evidence and need for further examination.

The Board has remanded the cases due to new evidence being added to the record, and the Veteran has requested that her case be returned to the AOJ for consideration of this new evidence.

The Board has decided to remand the claim for a low back disorder due to incomplete medical records and lack of clarity in the Veteran's history. The AOJ is instructed to obtain all relevant medical records, including from Dr. S.D., Dr. L.J., and Dr. W., as well as workers compensation records. A VA examination should be conducted to determine if the Veteran has a low back disorder related to service.

The Veteran's post-operative right inguinal hernia has not been shown to be recurrent. The most probative evidence of record reflects that for the period on appeal the Veteran has been shown to be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.,The Veteran is already in receipt of a separate 10 percent rating under Diagnostic Code 7802 for his residual, scar post-operative right inguinal hernia. A higher rating under Diagnostic Code 7802 is not warranted.,The Veteran's combined evaluation exceeded 40 percent from March 23, 2007, and he meets the schedular requirements for entitlement to a TDIU.

The Veteran's claims for increased ratings are being remanded due to the need for additional medical opinions regarding his service-connected left knee and lumbar spine disabilities.,Specifically, a retrospective opinion is needed on the extent of functional loss during flare-ups and after repetition over time for the periods prior to May 9, 2014 and from July 31, 2015 to present.

The Board has reopened the claim for service connection for a lumbar spine disability and remanded both the main issue of service connection for that condition, as well as the secondary service connection issue for a right leg disability. The appeal is not about exposure to any specific agent or environment.

The Veteran's hypertension is granted as service-connected. The Board has remanded several other issues for further development and consideration.

The Board has determined that the Veteran's current back disability began during service and is granting service connection for this condition.